A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

피고인은 2019. 12. 08. 15:10경 대전 중구 B에 있는 피해자 C이 운영하는 호떡 가게 및 피해자 D가 운영하는 ‘E’ 가게 앞에서 바닥에 주저앉아 특별한 이유 없이 위 C에게 “씨발년, 좆같은 년, 씨부랄년”이라고 큰소리로 욕설을 하고, 이를 녹음하려는 위 C의 팔을 쳐 휴대전화를 바닥에 떨어뜨리게 하고, 위 D에게 “개새끼, 씨발놈, 뭘 쳐다보냐”라고 큰소리로 욕설을 하고 소리를 치는 등 소란을 피워 위력으로 피해자들의 가게 운영 업무를 방해하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. A written statement of C and D;

1. Application of statutes on site photographs;

1. Article 314 (1) of the Criminal Act applicable to the crimes;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act;

1. Although the reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is that the defendant suffers from a mental disease and is receiving treatment for alcohol addiction, the defendant again committed the crime of this case while being punished by a fine for the same kind of crime several times, it is difficult to select more small fines.

However, the victims of the instant case agreed that they are seeking a preference against the defendant, the defendant's completion of the treatment currently receiving, and the defendant's life is able to lead a sincere life, and the defendant's age, character and behavior, environment, circumstances, motive and means of the crime, and the results of all the sentencing conditions shown in the records and arguments of the instant case, including the circumstances before and after the crime, shall be determined as ordered by taking into account the following factors.

It is so decided as per Disposition for the above reasons.