업무방해
The defendant's appeal is dismissed.
1. The summary of the grounds of appeal 1) The defendant was only said to be somewhat large voice at the time of the instant case, and there was no use of force to the extent that it interfered with the victim's business, and there was no occurrence of interference with the restaurant business of this case due to such act by the defendant, and there was no intention to interfere with the defendant's business.
2) The sentence of the lower court that is unfair in sentencing (one million won in penalty) is too unreasonable.
2. Determination 1) According to the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, the following circumstances are acknowledged.
① At the time of the instant case, the victim, consistently with the investigative agency and the lower court, consistently told the Defendant at the time of the instant case, causing inconvenience to other customers by speaking in the voice between the parties, causing the inconvenience of other customers, causing the instant restaurant business to interfere with the instant restaurant business by going through a string door, and the police officer, upon reporting the customers in the instant restaurant room, dispatched twice.
The details of the case to be reported 112 are consistent with the above statement by the injured party (see, e.g., 12, 14, 23 or 24 investigation records). (2) Police Officers F sent to the site of this case requested that customers in the restaurant of this case produce the Defendant at the lower court, and the captain show the Defendant.
was required to give notice
(3) When police officers were dispatched to the first place, the Defendant issued a notice of penalty payment to the Defendant and arrested the Defendant as an offender in the act of committing an offense.
The argument is asserted.
However, F issued a penalty payment notification to the defendant when the first dispatch was made at the court below, and the defendant was arrested as a flagrant offender when the second dispatch was made.
A statement (see, e.g., 73~76).