업무방해등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
The above fine shall not be paid by the defendant.
Summary of Reasons for appeal
A. Fact-misunderstanding or misunderstanding of the legal principles [this case's charges of intrusion upon residence, property damage, and insult around September 15, 2016] ① around September 19:50, 2016, the Defendant classified the victim's house level with the victim's house to resist it by opening a door, not entering the victim's house against the victim's will, ② the Defendant's joint entrance door to the point of destruction, but it was hard to see that the victim's door was damaged by the victim's door to the outside, and thus, it was hard to see that the court below erred in the misapprehension of the legal principles as to the public performance or insult of the victim's house, and there was no error in the misapprehension of the legal principles as to the public performance or insult.
B. Mental and physical loss or mental weakness (the charge of intrusion into each residence, damage to property, or insult as set forth in Article 1-4 of the 2016 Madan 5644, which was set forth in the judgment of the court below out of the charges of this case) at the time of the Defendant was unable to accurately memory under the influence of alcohol, and thus, there was a lack of ability to discern things or make decisions.
(c)
The sentence of the court below (six months of imprisonment, two years of suspended execution, one year of protection observation) against the illegal defendant in sentencing is too unreasonable.
Judgment
A. The evidence duly adopted and examined by the lower court on September 15, 2016 by asserting that a misunderstanding of facts or a misapprehension of the legal doctrine was committed on September 15, 2016, and the testimony of G in particular, according to the G’s legal statement, an explanation on September 15, 2016.