업무방해
The judgment of the first instance shall be reversed.
The sentence of sentence against the defendant shall be suspended.
1. misunderstanding of the gist of the grounds for appeal (the defendant only requested treatment of the symptoms of the brush, etc. that appeared after being treated as a person with hearing disability, and does not interfere with the victim's business by avoiding disturbance with the intent of interfering with the business), and unfair sentencing. 2. The decision of this court
A. Comprehensively taking account of the evidence duly adopted and examined by the first instance court as to the assertion of mistake of facts, the defendant can sufficiently recognize the fact that the defendant interfered with the victim's medical treatment by force, such as that he gets sound with the criminal intent of interference of business and enjoying it in the air room, and there is no illegality such as misconception of facts affecting the judgment, and thus, the above assertion by the defendant disputing this issue cannot be accepted.
B. As to the assertion on unfair sentencing, in the process of responding to the Defendant’s assertion on unfair sentencing, on the grounds that the Defendant was detained by her descendants after receiving medical treatment at the victim hospital, etc., the Defendant committed the instant crime, which appears to have no sex on the part of the hospital, and the Defendant’s re-influence against the Defendant’s mistake, and the Defendant would not be subject to such a mistake, and the Defendant seems to have a little problem in the smooth communication as a 3rd-class auditor, and such inconvenience appears to have served as one of the causes for the instant crime. In full view of various sentencing conditions as indicated in the instant argument, such as the Defendant’s age, character and conduct, environment, circumstances after the instant crime, and motive and circumstance of the instant crime, etc., the sentence imposed by the first instance court is somewhat unreasonable.
3. Accordingly, the defendant's appeal is accepted, and the judgment of the first instance is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment is reversed, and the pleading is followed again
Criminal facts and the summary of the evidence shall be the court.