A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Criminal facts

On January 11, 2017, the Defendant: (a) was in operation of the Victim C (A) located in the Dong-gu Dong-gu, Ulsan Metropolitan City (A. 47 years of age) on January 11, 2017, and (b) was demanded to pay the drinking value to the victim by enjoying amusement by beer, etc.; and (c) was demanded by the victim to pay the drinking value to the victim; and (d) was from the victim.

오늘 지불하고 가세요’ 라는 말을 듣자 화가 나, 피해자에게 ‘ 야 이 씹할 년 아. 술값 내일 줄께 이 쌍년. 똘 아이 년 아 ’라고 큰 소리로 고함을 지르고 욕설을 하는 등 소란을 피웠다.

Accordingly, the defendant interfered with the main business of the victim of about 10 minutes.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of the receipt statute

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

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

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

2. Type 1 (Interference with Business) [Special Sentencing] (Interference with the Sentencing] interference with business operations, - source of punishment for mitigation factors (including efforts to recover damage), [Determination in the sphere of recommendation] mitigation area / [the scope of recommendation] 1 month to 8 months [whether suspended sentence is suspended] - The main reasons for the suspension of execution are whether positive punishment is not imposed (including efforts to recover damage).

3. The Defendant committed the instant crime in spite of the fact that he/she had been sentenced several times to a suspended sentence of imprisonment or a fine due to an injury, attack, etc. by causing a problem related to calculating the drinking value at his/her main point, etc., and that he/she committed the instant crime in addition, even though there are many other charges of punishment: Provided, That after the closure of the pleading, it shall be taken into account that, after the conclusion of the pleading, the Defendant wishes to have the Defendant’s wife by mutual consent with the victim, and that the Defendant deeply repents the Defendant