A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year and six months from the date this judgment becomes final and conclusive.

Punishment of the crime

around 10:20 on September 21, 2020, the Defendant expressed the victim’s “D cafeteria” operated by the victim C in Yongsan-gu Seoul, Yongsan-gu, Seoul. The Defendant expressed the victim’s desire to see the victim’s her only because the victim took a bath from another customer, and expressed the victim’s desire to her “C-Ming year, the same opening,” and put him/her out of the room by following the whistles, such as tabless, chairss, water purifiers, etc. at that place.

Accordingly, the defendant interfered with the victim's restaurant business by force between about 50 minutes.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to written statements, on-site photographs, internal investigation reports (related to speech and behavior after taking the suspect into custody), internal investigation reports (referring to speech and behavior at the criminal watch office of the Seoul Yongsan Police Station), investigation reports (report on filing of a summary order against the suspect) by the victim;

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 (see, e.g., "the grounds for sentencing")

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of punishment by law: Imprisonment with labor for one month to five years;

2. Scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment [the types of decisions] interference with the affairs [the category 1] interference with the affairs [the special sentencing factors]: Reduction factors of the punishment (including the advanced efforts to recover damage) [the scope of the recommended punishment and the recommended punishment], reduction areas of the punishment, imprisonment with labor for one month to eight months;

3. Determination of sentence: A sentence of imprisonment with prison labor for not less than one year and six months, and no previous conviction exceeding a fine for attending a course, 1.5 million won shall be paid to the victims, and the fact that the crime itself is recognized shall be considered as favorable circumstances;

However, the seriousness of the problem has not been properly closed due to the destruction of property, assault, drinking driving, etc., the fact that there was a history of punishment of fines for several times due to the damage of property, assault, drinking driving, etc., and the fact that there was no effort to stop or treat the drinking even if the problem is repeated, etc., and the problem has been punished before.