A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

On April 14, 2018, the Defendant, at a restaurant located in Seocheon-si C around 00:16 on April 14, 2018, did not enter the victim D (Y, 42 years of age) who is an employee of the Defendant, who ever brea and drinked.

In mind, it interfered with the general restaurant business of the victim by force by avoiding a disturbance for about 30 minutes, such as taking a bath to the victim and following a table, leaving a scam, leaving a scam, etc.

[Defense Counsel] When committing the crime of this case, the defendant was under the influence of alcohol and had mental and physical weakness or mental loss.

The argument is asserted.

According to the records of this case, even though the defendant was under the influence of alcohol at the time, in light of the defendant's act at the time of the crime of this case and the circumstances after the crime of this case, the defendant was in the state of having lost or weak ability to discern things

【Non-Recognition】

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes on scene photographs and CCTV photographs;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Criminal Act and Article 44-2 of the Medical Care and Custody Act for the observation and treatment order are recognized and contradictory to the defendant. However, there is no effort to recover damage, and there is a record of being punished by a fine on several occasions due to interference with duties, violence, damage to property, etc., and other crimes committed by the defendant with drinking alcohol.

The punishment as ordered shall be determined by comprehensively taking into account the fact that it is deemed necessary to receive alcohol treatment, the motive of a crime, the method of crime, the circumstances after a crime, etc.