업무방해등
All judgment of the court below shall be reversed.
Defendant shall be punished by a fine of KRW 1,500,000.
The above fine shall be imposed on the defendant.
The summary of the grounds for appeal (the first instance judgment) is that the defendant has a great sound, but it is merely a fact that the defendant has made a large sound on the part of the defendant's resistance against the handling of the victim's duties, and it is difficult to view it as a "defensive force" capable of suppressing the victim's free will, and there was no intention to obstruct the defendant's business.
The Defendant did not insult the victim as stated in this part of the facts charged (the second judgment of the court below).
The defendant filed an appeal against the judgment of the court below, and the court decided to consolidate the above appeal cases.
Each of the judgments of the court below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and a sentence shall be imposed within the scope of a limited term of punishment pursuant to Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained as it is.
However, the defendant's assertion of misunderstanding of facts is still subject to a judgment of the court, despite the above reasons for reversal of facts.
The threat of force in the crime of interference with business in determining interference with the determination of the defendant's assertion of mistake of facts is all the power to control and combine the free will of human beings, and is not tangible or intangible, and thus, it includes violence, intimidation as well as social, economic, political status and pressure by royalty.
(1) In light of the aforementioned legal principles, the crime of interference with business is established against the Defendant, in light of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court.
This part of the defendant's assertion is without merit.
According to the statement and video of the victim C police, the defendant found the point where the victim C works and about about 20 minutes.