A. There was no interference with business as stated in the facts charged in the instant case by mistake of facts.

B. The punishment sentenced by the lower court (2 million won) is too unreasonable.

2. Determination

A. In the lower court’s determination as to the assertion of mistake of facts, the Defendant asserted the same as the grounds for appeal, and the lower court, based on the evidence duly admitted and investigated, found the Defendant guilty of this part of the facts charged.

In comparison with records, the above judgment of the court below is just and acceptable, and there is an error of law by misunderstanding facts as alleged by the defendant, which affected the conclusion of the judgment.

subsection (b) of this section.

B. In light of the fact that the Defendant had been sentenced five times or more to the same offense, and again committed the instant crime despite the fact that the Defendant had been sentenced five times or more as a single offense, and that the Defendant did not entirely reflect the fact that the Defendant was disadvantageous to the Defendant, and that the victim wanted to take the Defendant’s wife against the Defendant is favorable to the Defendant.

In full view of the Defendant’s age, sex, environment, health, circumstances leading to the commission of a crime, means and result, scale of a crime and circumstances after a crime, etc., which can be known through records and pleadings, the sentence sentenced by the lower court appears to be reasonable, and the lower court’s sentencing judgment exceeded the reasonable bounds of discretion.

There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, it is difficult to deem that the sentence imposed by the lower court is unfair because it is too unreasonable as the Defendant alleged.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.