업무방해
The prosecutor's appeal is dismissed.
1. The judgment of the court below which acquitted the defendant, even though it is proved that the defendant interfered with the victim's business by force, based on the statement, field photograph, etc. submitted by the victim of the grounds for appeal to the investigation agency.
2. Determination:
A. The summary of the facts charged is as follows: (a) the Defendant, at around 21:00 on April 16, 2016, provided that (b) the victim C (the 46-year-old age) who is in Flusium B, made a request for further alcohol to the victim; (c) however, (d) the Defendant would provide alcohol to the victim when calculating the value of alcohol first.
The victim's main duties were obstructed by force by avoiding the disturbance between about 5 to 6 minutes, such as making a shot shot shot shot, cutting the table, and taking a bath.
B. The judgment of the court below is based on the following facts: "The defendant did not have any other customer than the defendant at the time" in the court of the court below: "The defendant would drink 15 Macro and drink 15 Macro and give priority to calculating the defective drinking value."
Furthermore, in light of the fact that the defendant had expressed the purport that "the defendant intentionally did not pay the drinking value and reported his desire to the police because he did not pay the drinking value," the statement prepared by the victim and the field pictures alone are insufficient to recognize the fact that the defendant interfered with the victim's main duties by force, and there is no other evidence to acknowledge this differently.
The ground for appeal is without merit.
3. The appeal by the public prosecutor on the conclusion of the judgment is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.