The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. As stated in the facts charged in this case, the Defendant, as he was aware of the victim’s words “it is impossible to drink because he is under the influence of alcohol”, was guilty of the lower judgment that did not interfere with the victim’s business by force by avoiding disturbance, such as booming, etc., and by force, was erroneous in the misapprehension of facts, thereby adversely affecting the conclusion of the judgment.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (5 million won of fine) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined by the court below on the assertion of mistake of facts: ① the victim stated in the police statement that “the defendant was able to drink with the defendant and to drink with the defendant, and reported to the police with the intention of smoking and smoking,” ② the defendant also made a tobacco smoking at the victim’s restaurant. ③ After submitting the agreement with the defendant, the victim testified in favor of the defendant at the court of the court below that “the defendant was able to drink with the alcohol,” and the victim refused to make the above oral statement to the effect that “the defendant was able to drink with the alcohol,” and “the defendant was able to drink with the alcohol,” and the victim did not make a statement to the effect that “the defendant was able to do so with the other customers at the time of the above restaurant,” but the defendant did not make a statement to the effect that he did not interfere with the defendant’s duty.”