업무방해
The prosecutor's appeal is dismissed.
1. In light of the summary of the grounds for appeal (misunderstanding of facts) and the Defendant’s background of the dispute between the victim D and the Defendant, the relationship between E and the Defendant, and the Defendant’s underground management form, etc., at least the fact that the Defendant instructed the replacement of the key to E and managed the replaced key, thereby obstructing the victim’s access to the 1st floor above the ground while controlling the replaced key.
Nevertheless, the first instance court did not fully conduct a hearing to find a not guilty of the facts charged of this case, or committed a violation of the rules of evidence, which affected the conclusion of the judgment.
2. Based on its stated reasoning, the first instance court acquitted the Defendant on the grounds that it is difficult to believe that the Defendant voluntarily replaced the key of the entrance of the first floor underground, and that the Defendant’s statement at D’s police, as it seems consistent with the facts charged in the instant case, and there is no other evidence to acknowledge the facts charged in the instant case.
In light of the records, the first deliberation decision is justified, and there is no additional evidence to prove that the defendant replaced the key of the first floor entrance by the direction of the defendant to E in the trial. Thus, the prosecutor's assertion of mistake of the fact is not acceptable.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.