A. The Defendant did not interfere with the operation of a private teaching institute by force or force within the private teaching institute operated by the victimized person.

Nevertheless, the lower court found the Defendant guilty of the facts charged of this case, and the lower court erred by misapprehending the facts, which affected the conclusion of the judgment.

B. The sentence of the lower court’s unfair sentencing (an amount of KRW 700,000) is too unreasonable.

2. Determination

A. Comprehensively taking account of the following circumstances acknowledged by the evidence duly admitted and examined by the lower court as to the assertion of mistake of facts, the Defendant can sufficiently prove that the Defendant interfered with the duties of the victimized person, as stated in the facts charged:

Therefore, the defendant's above assertion is rejected.

(1) The victim D is consistent from investigative agencies to the court of the court of the original trial, and the defendant's finding in his/her own private teaching institute and changing the course of study in his/her private teaching institute.

was made.

Nevertheless, the defendant was unable to cause disturbance, such as committing noise and noise in a private teaching institute, and reported to the police.

Even if so, the statement was made to the effect that the police continued to avoid disturbance and reported the disturbance to the police. At the time, the statement made by H, G, and F of the lower court, which was a class at the instant private teaching institute, also accords with this.

② Even based on the recording record submitted by the Defendant, the Defendant is found to the educational institute of the victim at the time of the instant crime, and the victim does not enter the school.

Despite the restraint of the victim, it is recognized that the victim neglected the victim's restraint, and rather, "the police interfered with the operation of the police now."

③ At the time of the instant case, the Defendant did not know that he was in the class of a private teaching institute, when all the doors of the private teaching institute or lecture room are closed, and argued that he did not interfere with the class of the private teaching

However, around 18:00 on the day of the instant crime, the day of the instant crime is hours ordinarily conducted by the private teaching institute, and science, English, and English.