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The prosecutor's appeal is dismissed.
Reasons
1. The court below found the defendant not guilty of the obstruction of duties and violation of the Punishment of Violences, etc. Act (joint injury) in relation to concurrent crimes under the former part of Article 37 of the Criminal Act against the defendant. Since the prosecutor appealed only to the obstruction of duties among them, the scope of the court's trial is limited to the obstruction of duties by the prosecutor.
2. The summary of the grounds for appeal is that the crime of interference with business was exercised by the Defendants as abstract risk offenders, and the victim's singinging operation was obstructed. However, the court below acquitted the Defendants. The court below erred in the misapprehension of facts, which affected the conclusion of the judgment.
3. Determination
A. According to the evidence duly examined and adopted by the court below and the court below, each of the statements made at E, witness I, and the investigative agency of the court below and the court below are admitted as evidence that seems to fit this part of the facts charged.
B. First, it is difficult to view that each of the statements made by the victim to an investigative agency and the lower court at the lower court, based on the following grounds, has probative value sufficient to recognize the facts charged of this case.
1) The victim stated in the court of the court below that "At the time of the instant case, a male has entered the same day by singing operated by the witness at the time of the instant case, and later, the defendant A came into the court of the court below, and the defendant B came to enter the court of the court below, and thus, he took a part in liners at the time of "two years and the day of the instant case," but K took the investigative agency only by "the defendant B was born the vehicle by getting off the vehicle." The defendant was waiting for a singing from the vehicle, and he was waiting for the mixed. While the defendants were waiting for a singing, the defendants were about to enter the singing, and the defendants were trying to go to go in the middle of the Kater (the investigation record No. 55-3).