A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

[2013 Highest 1595] From April 15, 2013 to 23:20 of the same day, the Defendant interfered with the victim’s work by force by failing to carry out his/her business operation for about 1,50 minutes by leaving the Emart operated by the victim D, which was in the air conditioners, without making an order by entering the Emart.

[2013 Highest 1752] On April 20, 2013, from around 21:00 to around 22:00, the Defendant was demanded to make an account from I of the employees in the Kashter, who were drunk, without taking a breath from the air conditioners in the air conditioners located in the city F, and without taking a breath from the air conditioners, under the influence of alcohol at the H convenience points in the operation of the Victim G.

Accordingly, the Defendant spits spits on the carball, dump tobacco within convenience stores, and dump, and prevented customers from entering the convenience store, thereby obstructing the convenience store business of the victim by force.

Summary of Evidence

[2013 Highest 1595]

1. Defendant's legal statement;

1. Statement made to D by the police;

1. On-site photographs (2013 Highest 1752);

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. Application of statutes on field photographs;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 314 (1) of the Criminal Act selecting a penalty;

1. As to the defense counsel’s assertion of the defense counsel under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders, the defense counsel asserts that the defendant was in a state of mental and physical disability with weak ability to discern things under the influence of alcohol at the time of the instant crime.

In light of the records, the defendant is recognized as having the drinking prior to the crime of this case, but the defendant has the ability to discern things.