A defendant shall be punished by imprisonment for six 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 22, 2017, from around 08:33 to 08:53 on the same day, the Defendant 'D restaurant' in Yongsan-gu Seoul Metropolitan Government (43) operated by the Victim C (43) from around 08:0 to around 08:53 on the same day, the Defendant, while under the influence of alcohol, she was in a restaurant, she was able to take a bath for customers, she was seated at the seat of the customers, she was asked to leave the restaurant, and the victim demanded the Defendant to leave the restaurant, she was off his/her door and present his/her door, and continuously interfered with the operation of the restaurant for about 20 minutes by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a report on investigation;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act in relation to protection observation and community service order;

1. The scope of the recommended punishment according to the sentencing criteria [the scope of the recommended punishment] shall interfere with the affairs, and the basic area (referring to six months to one year and six months) (referring to a person who has no special sentencing seal) of the basic area;

2. Circumstances unfavorable to the decision of sentence: The execution of the sentence shall be suspended on condition that the defendant, who was under the influence of alcohol even if he/she had a previous conviction of the same kind of crime, including a suspended sentence, makes it possible for him/her to keep him/her from committing the crime of this case. Circumstances in which the defendant was unable to receive any tolerance from the injured person: The defendant led himself/herself and reflects his/her guilt. The degree of power and interference with duties is not severe, and other circumstances that form conditions for sentencing, such as the defendant's age, occupation, sex and environment, family relationship, motive and background of the crime, means and consequence of the crime, and circumstances after the crime, shall be taken into consideration equally