업무방해
The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
1. Summary of grounds for appeal;
A. misunderstanding of facts and misapprehension of the legal doctrine, the Defendant, as stated in the facts charged, committed sexual assault against the victim before the victim’s clinic.
There is no fact, and “n't be a woman.”
Only “......”
Even though the defendant was to have avoided a certain disturbance before the victim's clinic, the defendant did not have any intention to obstruct the defendant's business and did not reach the degree of interfering with the victim's business.
B. The sentence of the lower court’s improper sentencing (an amount of KRW 500,000) is too unreasonable.
2. Determination
A. The following circumstances, which can be acknowledged by the evidence duly adopted and examined by the court below regarding the assertion of misunderstanding of facts and legal principles, i.e., the employee F of the original team of the instant hospital at the investigative agency and the court of the court below, the Defendant was sexually abused the Defendant before the victim’s clinic.
2. The police officer dispatched to the site at the time of the instant case was called to the scene, and the Defendant sent to the site to the scene, and he was sexually abused “E professor Ba,” in front of the victim’s clinic.
According to the fact that “A” was sound, and the Defendant prepared a report stating that “A person in charge of the defect hospital continued to engage in sound even though the person in charge of the defect hospital was prevented (in the face of 5 pages of the investigation record),” it is recognized that the Defendant was disturbed as stated in the facts charged.
In light of the attitude and degree of the defendant's act, it is sufficiently recognized that the defendant has the intention to interfere with the defendant's work and has interfered with the victim's work.
We do not accept the Defendant’s mistake of facts and misapprehension of legal principles.
B. As to the wrongful assertion of sentencing, the method and degree of interference with the instant business is not easy, and the Defendant also has several times prior to the instant hospital.