업무방해
The defendant's appeal is dismissed.
1. The gist of the grounds for appeal lies in the fact that the Defendant had a dispute with the victim in the course of calculating the drinking value after drinking alcohol at the main point operated by the victim, but there is no fact that he/she interfered with the main point business of the victim, such as written in the facts charged.
Nevertheless, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous in mistake.
2. In light of the following circumstances, which are acknowledged by comprehensively taking account of the evidence duly adopted and examined by the court below, namely, from the investigation agency to the court below, the defendant made a statement to the effect that "the defendant expressed that "the defendant would have expressed his will to other customers because he would be unbured and will take the job to other customers, and would return to the main points while confirming the visit of other customers, and would return to the main points", it can be sufficiently recognized that the defendant interfered with the victim's main business as stated in the facts constituting the crime in the judgment of the court below.
Therefore, the defendant's above assertion is without merit.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.