업무방해
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. misunderstanding of facts or misunderstanding of legal principles is merely a sound and an article in the process of resisting the repeated wife of employees in the PC room. Therefore, there was no intention to interfere with business.
B. The Defendant was in a state of mental disorder due to mental retardation at the time of committing the instant crime.
C. The sentence imposed by the lower court on the Defendant (three million won of a fine) is too unreasonable.
2. Determination
A. The judgment of the court below on the assertion of mistake of facts or misapprehension of legal principles was duly adopted and investigated as a whole the following circumstances, namely, ① the Defendant showed a obscene video at the PC room where the juveniles are, even though he was requested from E, an employee in the PC room to refrain from viewing the video because he was the students in the surrounding area, ② the above E continues to change if it is the need to view the obscene video continuously to the Defendant, ② the Defendant started to talk with the customers in the above E and the PC room, ③ the police was dispatched to the scene after receiving a report from 112, stating that “the grandchildren interfere with the operation of the PC, the sound is being interfered with the operation of the PC,” and the Defendant continued to do so. In light of the fact that the PC might have interfered with the operation of the PC by any act committed against the above E and the customers, so it is sufficiently recognized that there was a possibility to interfere with the operation of the PC.
Therefore, the defendant's assertion of mistake or misapprehension of legal principles is without merit.
B. The mental disorder stipulated in Article 10 of the Criminal Act regarding the assertion of mental disorder is caused by such mental disorder as mental disorder or abnormal mental condition, other than mental disorder.