업무방해
The defendant's appeal is dismissed.
The costs of litigation in the original judgment and the trial per party shall be borne by the defendant.
1. Summary of grounds for appeal;
A. The conversation with the victim of a misunderstanding of facts was not a disturbance.
B. The sentence of the lower court’s improper sentencing is too unreasonable.
2. Determination
A. (1) In light of the spirit of substantial direct and psychological principle adopted by the Korean Criminal Procedure Act, the first instance judgment on the credibility of the statement made by the witness of the first instance court was clearly erroneous.
Unless there are extenuating circumstances to view that maintaining the first instance court’s judgment on the credibility of the statement made by the witness of the first instance trial is significantly unfair, or in full view of the results of the first instance court’s examination and the results of the additional examination of evidence conducted until the closing of oral proceedings, the appellate court shall respect the judgment on the credibility of the statement made by the witness of the first instance trial (see, e.g., Supreme Court Decision 2006Do4994, Nov. 24, 2006). (2) The lower court directly examined C and recognized C’s credibility of the testimony, and found C guilty of the facts charged in this case. The lower court’s judgment on the credibility of the testimony was clearly erroneous.
It is not deemed that there are special circumstances or maintenance of the judgment is not significantly unfair.
Therefore, this part of the defendant's argument is without merit.
B. In full view of all the sentencing conditions shown in the instant sentencing records and arguments, the lower court’s punishment is too unreasonable as it is too unreasonable.
3. Accordingly, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit, and the costs of the lawsuit are decided as per Disposition in accordance with Articles 191 (1), 190 (1), and 186 (1) (main sentence) of the Criminal Procedure Act.