A defendant shall be punished by imprisonment for four months.

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

Criminal facts

At around 00:50 on July 9, 2016, the Defendant had avoided disturbance for about 20 minutes on the following grounds: (a) at the main point of “D” operated by the Victim C (FI) at C (FI) around 00:50; (b) without any reason, the Defendant expressed the victim’s desire to “Cock, the same year as CIS, and BIS”; (c) and (d) shouldered the beer’s disease with one’s horses.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to photographs of scene of damage;

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. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. Application of the sentencing criteria [Determination of types of punishment] (Interference with Business) category 1 (Interference with Business) (Special Corners) - source of punishment for mitigation factors (including serious efforts to recover damage), [decision on the recommended area] mitigation area [decision on the recommended area] range of punishment [decision on the recommendation area] range of imprisonment from one month to eight months [decision on the suspension of execution] - The main reasons for major participation: A lack of positive punishment (including a serious effort to recover damage);

3. Although there are elements of sentencing unfavorable to the defendant, such as the fact that the defendant who has been sentenced to suspended sentence or fine due to violent inclinations committed, and the crime in this case committed during the period of suspended sentence due to drinking driving and driving without license, etc., but the defendant has divided his errors and has agreed with the victim, etc., such punishment shall be determined within the scope of sentencing guidelines as ordered by the order.