A defendant shall be punished by imprisonment with prison labor 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

At the time of committing the instant crime, the Defendant had weak ability to control one’s own act, as he/she had the ability to reasonably determine and distinguish the subject matter from the time of the instant crime.

In full view of the fact that the defendant had been admitted to C for a long time with a mental fission, the defendant's attitude (the defendant was consistent with the cross-standing theory in this court), and the attitude of the defendant at the time of committing the instant crime, it seems that at the time the defendant was in a state of mental disability.

1. On July 17, 2015, around 18:00 on July 17, 2015, the Defendant: (a) committed as if he would pay meal costs in the “F cafeteria” restaurant operated by the victim E located in Gwangju Northern-gu; and (b) the Defendant was provided with the victim’s test and the victim’s 1st and the total market price of drinking water amounting to KRW 9,000.

2. On July 17, 2015, the Defendant: (a) from around 20:00 on July 17, 2015 to around 20:25 of the same day, the Defendant demanded the payment of the cost of meals to the victim in the above place; and (b) “all women will die due to illness”; and (c) caused them to become customers.”

Accordingly, the defendant interfered with the victim's restaurant business by force.

Summary of Evidence

1. A report on investigation (report on confirmation as to whether a suspect, cash, etc. is possessed at the time of the case);

1. Police suspect interrogation protocol of the accused;

1. A written statement of the victim;

1. Receipts:

1. Application of Acts and subordinate statutes, such as inquiries about criminal records, etc. and copies of written judgments;

1. Relevant Article 347(1) of the Criminal Act and Article 314(1) of the Criminal Act (the point of fraud and the choice of imprisonment with prison labor) concerning the crime (the point of interference with business and the choice of imprisonment with prison labor);

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended execution (1) are as follows.