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

On March 1, 2019, the Defendant, at around 19:30, obstructed the victim’s restaurant business by force by avoiding disturbance between about 20 minutes, i.e., the victim C’s “D’s operation in Bupyeong-si B of the Gyeonggi-si, Gyeonggi-do, with the influence of avoiding disturbance between approximately 20 minutes of disturbance, such as drinking, and lowering the floor of the facility and the cafeteria, without any reason.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. C’s statement;

1. On-site photographs;

1. Application of investigation reports (CCTV Analysis and Investigation), and CCTV video-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. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

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

2. Scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment [the determination of a type of punishment] interference with business affairs [the category 1] interference with business affairs (the special person concerned]: Reduction factors of punishment: Reduction area of punishment [the scope of the recommended area and the recommended punishment], reduction area of punishment, imprisonment with labor for one month through eight months;

3. In light of the fact that the Defendant was punished for the same or similar crime, and the content and method of interference with the business of this case, the Defendant’s liability for the crime is not easy.

However, the punishment as ordered shall be determined by comprehensively taking into account the following factors, such as the defendant's reflection, the motive and circumstance of the crime in this case, the victim's refusal to have the punishment against the defendant by mutual consent with the victim, the circumstances after the crime, the age, character and conduct, family relationship, and economic circumstances.