업무방해등
All judgment of the court below shall be reversed.
Defendant shall be punished by a fine of five million won.
A fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. Of the judgment of the court below of misunderstanding the facts, the defendant did not interfere with the work of the victims C and I as stated in the facts charged.
B. Even if there is no unreasonable sentencing, each of the lower courts’ sentencing (the first instance judgment: a fine of KRW 4 million, and a fine of KRW 1.5 million: a fine of KRW 1.5 million) is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the first and second court sentenced each of the above decisions to the defendant, and the defendant filed an appeal against each of the above decisions, and this court decided to hold concurrent trials. Each of the first and second judgments against the defendant is in a concurrent relationship under the former part of Article 37 of the Criminal Act, and should be sentenced to a single sentence within the scope of the term of punishment increased by concurrent crimes under Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot escape from all of its reversal.
However, even if each judgment of the court below has such reasons for ex officio destruction, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court.
3. In full view of the following circumstances that can be acknowledged by the evidence duly adopted and examined by the first instance court regarding the Defendant’s assertion of mistake, namely, ① the victim C and I make a statement consistent with this part of the facts charged; ② the Defendant made a consistent and specific statement as to the Defendant’s speech, behavior, etc. at the time of the first trial of the lower court; ② The Defendant led to the confession of this part of the facts charged at the first trial of the lower court; there is no reason to suspect the voluntariness of the confession; and there is no other objective circumstance to reverse it at the appellate trial.