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A defendant shall be punished by imprisonment for not less than eight 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
1. On August 7, 2017, the Defendant ordered the victim C’s “D” restaurant operated by the victim C in Daegu Dong-gu B-gu, Daegu-gu, Seoul-gu, to provide the victim with alcohol and alcohol, and had the victim paid the price normally.
However, the Defendant did not have any intention or ability to pay the price normally even if the Defendant received the foregoing alcohol, alcohol, etc. from the injured party due to the lack of card or cash.
The Defendant, as above, by deceiving the victim, was provided with alcoholic beverages equivalent to KRW 58,00,00 in total, including 14 mariju, 14 mariju, and 2 Mariju.
2. On August 7, 2017, from around 22:00 to around 01:00 the following day, the Defendant obstructed the victim’s restaurant business by force by avoiding disturbance, allowing customers to go out of the restaurant, and preventing the victim from running his/her restaurant business by force.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Application of C’s written statement (including additional receipts) legislation;
1. Relevant Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act (the point of fraud), Article 314(1) of the Criminal Act (the point of interference with business), and the choice of imprisonment for each crime;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62(1) of the Criminal Act on the stay of execution (The following conditions of sentencing shall be considered as favorable among the reasons for sentencing);
1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of applicable sentences under the law] 1 month to 15 years [the scope of recommended sentences according to sentencing guidelines] / [the scope of recommended sentences] 1 type (10 million won or less) in the mitigation area (1 month to 1 year) in the mitigation area (1 month or 1 year), / 2 crime (Obstruction of Duties) in the non-exclusive penalty (the scope of recommended sentences) [the scope of recommendation] in the mitigation area (1 month or 1 year] in the mitigation area (2 crime (Interference with Duties] in the mitigation area (1 month or 8 months) in the mitigation area of punishment (the scope of recommendation punishment].