A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

피고인은 2019. 10. 2. 11:00경부터 12:15경까지 사이에 서울 은평구 B에 있는 피해자 C이 운영하는 D 식당에서, 술에 취하여 별다른 이유 없이 그곳 종업원인 E에게 ‘씨발 년아 뭘 쳐다보냐, 음식값을 못 내겠다’라는 등 수회에 걸쳐 욕설을 하고 E이 112신고를 하려고 전화기를 드는 것을 보고 손으로 전화기를 잡아당기고, 손으로 계산대에 놓여있던 지갑을 집어 E에게 던질 듯한 태도를 보이고 양손으로 E을 밀치고, 경찰관이 출동한 것을 보고도 소리를 지르며 E에게 달려들고, 피고인의 가방에 있는 지폐를 꺼내 그곳 테이블 위쪽으로 집어 던지는 등 행패를 부렸다.

Accordingly, the defendant interfered with the victim's restaurant business by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. E statements;

1. Application of CCTV Acts and subordinate statutes;

1. Relevant Article 314 (1) of the Criminal Act, the choice of punishment for the crime, the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. In light of probation, community service, criminal records of the accused, the criminal records of the accused, the circumstances of the instant crime, etc., the accused is deemed to have a habit of drinking alcohol and thus need to be treated as a person with high risk of recidivism;

Reasons for sentencing Article 44-2 of the Medical Treatment and Custody, etc. Act

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment [the determination of a type of punishment] interference with business affairs [the category 1] interference with business affairs (the special person concerned]: Reduction factors of punishment: Reduction area of punishment [the scope of the recommended area and the recommended punishment], reduction area of punishment, imprisonment with labor for one month through eight months;

3. Determination of sentence: A sentence of imprisonment with prison labor for six months, suspension of execution for two years, suspension of execution for crimes of violence, interference with business, insult, etc., which again led to the instant crime, and efforts to overcome the same while repeating the instant crime.