업무방해
The defendant's appeal is dismissed.
All the costs of the original judgment and the trial shall be borne by the defendant.
1. The summary of the grounds for appeal (misunderstanding of facts) is that the Defendant did not interfere with the infant care services of the victimized person by force, such as provoking a heavy disturbance, and there was no intention to interfere with the duties of the victimized person;
Nevertheless, the court below erred by misunderstanding the facts charged and adversely affecting the conclusion of the judgment.
2. Examining the evidence duly adopted and examined by the court below, in particular, E and F’s statements, a thorough examination is conducted, the defendant can sufficiently recognize the fact that the victimized person interferes with infant care services by exercising his/her authority as stated in the facts charged, and the intention of interference is recognized. Thus, the judgment of the court below is just, and the defendant’s assertion of mistake is groundless.
3. In conclusion, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act, and the burden of litigation costs shall be applied to Articles 191 (1), 190 (1), and the main text of Article 186 (1) of the Criminal Procedure Act. It is so decided as per Disposition.