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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.
Reasons
Punishment of the crime
From March 19, 2016 to 22:00 on March 22:00 of the same day, the Defendant: (a) was a restaurant operated by the Victim C (52 Dop) located in Gyeonggi-si B (52) from March 19, 2016 to 22:20 on the same day; and (b) on the grounds that the damaged person reported the Defendant’s disturbance before he was aware of the Defendant’s disturbance, the Defendant’s complaint is discarded by fribb
“Along with a large voice, they were able to avoid disturbance so that customers can come in a restaurant and not enter the restaurant by avoiding disturbance, and making them enter the restaurant.
Accordingly, the defendant interfered with the victim's restaurant business by force.
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement of the victim C;
1. Application of statutes on site photographs;
1. Relevant Article 314 of the Criminal Act concerning the facts constituting an offense and Article 314 (1) of the Criminal Act concerning the selection of punishment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Grounds for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of Social Service Orders and the observation of protection;
1. Determination of types: Interference with business;
1. Special sentencing factors: Ineligible factors for punishment;
1. Scope of recommending punishment: Imprisonment for not more than eight months;
1. A suspended sentence: A positive part of punishment - A person who is not subject to punishment or who is clearly related to social relationships, or who has no record of a suspended sentence
1. Determination on the sentencing criteria (determination of sentence): Imprisonment with prison labor for not less than six months, two years of suspension of execution - The aforementioned circumstances and motive and circumstances leading to the crime, circumstances after the crime, crime records, and other circumstances, such as the defendant's age, sexual conduct, intelligence, environment, etc., shall be determined as per the disposition;