업무방해등
The defendant's appeal is dismissed.
1. The court below's scope of judgment in this court is dismissed as to the charge of assault against the defendant among the facts charged, and sentenced guilty as to the obstruction of business. Since only the defendant appealed as to the guilty part, the dismissal of the above public prosecution is separated and confirmed, the scope of judgment in this court is limited to the guilty part of the judgment
2. Summary of grounds for appeal;
A. The defendant does not interfere with the victim's driving school business as stated in the judgment of the court below.
B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 500,000) is too unreasonable.
3. Determination
A. The judgment of the court below on the assertion of mistake of facts states that the victim and G consistently from the investigation stage to the court of the court below, as stated in the facts constituting the crime in the judgment below, they met the following circumstances acknowledged by the evidence duly adopted and examined by the court below. The victim and G have consistently avoided disturbance by assaulting G. There are no circumstances to suspect the credibility of the statement. At the time when the defendant avoided disturbance, there were many students who had been in order to undergo the driving school curriculum in this case. At the time of the defendant's disturbance, they were in the form of avoiding disturbance or hearing the sound, and the defendant was deemed to have been prior to the commencement of the driving school curriculum at the time of the defendant's disturbance or immediately before the commencement of the driving school curriculum, and the defendant's own opinion that "It is necessary for the driving school to have certain students prepare for the operation of the driving school as well as for the operation of the teaching school and the sound of the instructor."