공연음란등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall not be paid by the defendant.
The summary of the grounds for appeal [the point of interference with business among the facts charged of this case] The defendant has already been notified of the penalty due to the disturbance of drinking, and paid the penalty, but the court below found the defendant guilty of this part of the facts charged that the defendant obstructed the victim's main business by avoiding disturbance. The court below erred in the misunderstanding of legal principles.
Judgment
A. On March 7, 2016, the Defendant: (a) provided that on the main point of “G” operated by the Victim F, who is located in the Busan F, Busan, the Defendant provided alcohol together with the alcohol; and (b) provided the victim with the alcohol, and (c) provided the victim with the alcohol return the alcohol value.”
When the Defendant was refused from the victim, the Defendant avoided the disturbance to the victim and her husband, and obstructed the victim's main business by exerting 10 minutes of force.
B. According to the evidence duly adopted and examined by the court below and the court below, the defendant was subject to a disposition of 50,000 won for a violation of Article 3 (1) 20 of the Punishment of Minor Offenses Act (Evidence No. 27 pages), based on the fact that the defendant continued the act of disturbance on the ground that the defendant was notified of 50,000 won for a violation of Article 3 (1) 20 of the Punishment of Minor Offenses Act (Evidence No. 27 pages of evidence record), the defendant was subject to a disposition of 50,000 won for a penalty payment due to the defendant's violation of Article 3 (1) 4 of the Punishment of Minor Offenses Act (Evidence No. 50, 500,000 won for a penalty payment and additional dues No. 50,000 won for a penalty on May 4, 2017, and 2050,000 won for a penalty payment and additional dues for a total of 50,005 won for a penalty.
In this regard, Article 9 (3) of the Punishment of Minor Offenses Act provides that "any person who pays a penalty."