A defendant shall be punished by imprisonment for six months.

except that 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

1. Around 01:07 on January 20, 2018, the Defendant ordered food at C cafeteria located in Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, and subsequently insulting the victim D, who is an employee of the said place, by openly insulting the victim on the ground that the Paris is not the Paris Day at that place.

2. The Defendant interfered with business by avoiding disturbance for about 15 minutes, including the date and time set forth in paragraph (1) above, and at the same time and at a place, the Defendant: (a) obstructed the business operation of the said victim’s restaurant by force.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of D’s Acts and subordinate statutes on the complaint;

1. Relevant Article 314(1) of the Criminal Act, Article 311 of the Criminal Act, Article 311 of the Criminal Act, and the choice of imprisonment with labor for the crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in the above two crimes);

1. Grounds for sentencing under Article 62 (1) of the Criminal Act (including the following grounds for sentencing);

1. Where the crime of interference with business (Scope of recommending punishment) is minor in the scope of mitigation (one month to eight months) (special mitigation), the degree of threat, deceptive scheme, or the degree of interference with business, of category 1 (Interference with Business);

2. Scope of the recommended sentence: Imprisonment with prison labor for not less than one month (the crime of insult against which the sentencing criteria are not set concurrently); and

3. Determination of sentence of punishment and several times, but there is no previous conviction subject to punishment heavier than that of suspension of execution in the same kind, the accused is against himself and the means and methods of the crime are insignificant, and other factors, such as the motive and circumstances of the crime, character, conduct and environment of the accused,