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.

Punishment of the crime

On March 15, 2020, at around 06:15, the Defendant intended to use a restaurant store operated by the victim D 2, located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, in a restaurant store that is operated by the victim D, but did not work hours under the influence of alcohol, and had his employees take care of the store, and it was difficult for the Defendant to avoid disturbance by putting a large voice, such as “the year bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bits.”

At around 06:43 on the same day, the Defendant continued to find the case in the above store, and again 06:43 on the same day, took a large voice that “I do not need to do so ..............................., the Defendant obstructed the victim’s operation of the restaurant and the store for about 25 minutes by force, by keeping the fluencing customers in the restaurant and store.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. On-site photographs and caps of CCTV images;

1. Application of investigative reports (verification of suspect A's duration of disturbance)-related Acts and subordinate statutes;

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 (The following extenuating circumstances among the reasons for sentencing);

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

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. Scope of the recommended sentence according to the sentencing guidelines [decision of types] interference with business: [Type 1] interference with business (special person], the basic area of the non-compliance with business [the scope of the recommended area and the recommended range], the basic area of the non-compliance with business [the scope of the recommended area and the recommended range], one month to eight months.

3. Determination of sentence: It is difficult to deem that the time or degree of the defendant who obstructed his/her business operation is minor, for four months of imprisonment or two years of suspension of execution;

The defendant has been punished for violence crimes several times, and the defendant has been punished for obstruction of business (including suspension of execution of punishment) four times.

A favorable normal defendant.