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

[2013고단4440] 피고인은 2013. 7. 9. 21:20경부터 같은 날 23:20경까지 인천 중구 B에 있는 피해자 C 운영의 ‘D식당’에서 술에 만취한 상태로 들어와 소주 2병을 마신 다음 추가로 술을 주문하였음에도 피해자가 이를 거절하자 화가 나 피해자에게 “야, 씨발! 술 내놔, 씨발년들아!”라고 큰소리치고, 그곳 손님들에게 “씨발놈들아, 뭘 쳐다봐!“라고 욕설을 하여 손님들이 식사 도중 나가게 하는 등 약 2시간 동안 소란을 피웠다.

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

[2013 Man-Ma4680] On July 23, 2013, when the Defendant was living together in a D restaurant located in Jung-gu Incheon, Jung-gu, Incheon on July 23, 2013, the Defendant: (a) was able to remove the victim E (the age of 45) from her hand on the ground that the victim E (the age of 45) was prevented; and (b) caused the victim to inflict an injury on the right frame that requires treatment for about six weeks.

Summary of Evidence

[2013 Highest 4440]

1. Defendant's legal statement;

1. Statement made by the police with C (2013 order4680);

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 314(1) of the Criminal Act, Article 257(1) of the Criminal Act and the choice of punishment for the crime, Articles 314(1) of the Criminal Act and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., the confession and reflect of the fact of the crime by the defendant, and the agreement with the victims);

1. Probation under Article 62-2 of the Criminal Act;