A defendant shall be punished by imprisonment for not less than eight months.

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

Criminal facts

On October 14, 2019, at around 17:00, the Defendant expressed a bath at D cafeteria operated by the victim C in Dongdaemun-gu Seoul, Seoul, that “Chotyp, toilet, anywhere,” while drunking, the Defendant was unable to enter the cafeteria by approximately 30 minutes of the disturbance, such as viewing the urine on the cafeteria floor.

Accordingly, the Defendant interfered with the victim's operation of the restaurant by force.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Investigative reports (to hear statements from victims);

1. The application of the Acts and subordinate statutes on the prosecution of a suspect;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act on probation and order to attend a restaurant under the influence of alcohol was that the defendant entered the restaurant of the victim and expressed his/her desire to do so, and changed the disturbance to the floor of the restaurant.

The degree of interference with business is not easy and the defendant has been punished for the same kind of crime even before.

However, the execution of punishment shall be suspended on condition that the defendant is wrong, taking into account the living environment of the defendant, and taking lectures in probation, violent therapy, and alcohol therapy, and other conditions of sentencing, such as the age, character and conduct of the defendant, motive and circumstances of the crime, and circumstances after the crime, shall be determined as ordered by the court.