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.

Punishment of the crime

From around 18:00 on July 10, 2017 to 18:50 on the same day, the Defendant: (a) intending to receive a claim from the customer who was on the back to “E” restaurant in the “E” restaurant of the victim D (hereinafter referred to as “E”) in Gwangju North-gu; (b) stated that “the Defendant was in the organization before the mathy mathy mathy mathy mathy mathy math; (c) she mathed, and obstructed the victim’s duties of operating the restaurant by force; and (d) obstructed the victim’s duties of operating the restaurant by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police suspect interrogation protocol against the accused;

1. Application of the Acts and subordinate statutes in which statements made by the police are recorded against victims;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The defense counsel regarding the observation of protection and the assertion of defense counsel under Article 62-2 of the Social Service Order Act, and the defendant had a mental and physical weak condition at the time of committing a crime of drinking excessively from the day of the instant case.

The argument is asserted.

However, in full view of the instant case’s process and outcome, the Defendant’s act before and after the commission of the crime, etc., which was acknowledged by the record, was in a state where the Defendant lacks the ability to discern things or make decisions

Therefore, the above argument is not acceptable.

Considering the circumstances and contents of the crime for sentencing, the nature of the crime is inferior, and the attitude of the police on the day of the crime should be criticized.

A total of 15 criminal records, including five criminal records, have been committed against the defendant, and a total of 15 criminal records have also been committed in the same offense as a result of the period of suspended execution.

However, considering the fact that the victim is not punished against the defendant and the degree of interference with the business, the sentence of the sentence seems to be somewhat harsh to the defendant.

The age, occupation, family relationship, and crime of the defendant.