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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. 1) Of the facts charged No. 1 of the facts indicated in the judgment below, as to 2, 3 times as to the annexed crime list No. 2, and 1 of the crime committed in the judgment below, the Defendant did not have any intention to obstruct the business, and the Defendant’s act does not constitute “power” in the crime of obstruction of business.
2) As to the fraud of the crime No. 2 in the judgment of the court below, the Defendant had money under water.
Since it was believed that the price can be paid immediately, there was no intention to commit fraud.
B. The Defendant committed each of the instant crimes under the mental and physical loss or mental weakness due to mental illness, such as proof of alcohol, alcohol, dementia, and impulse disorder, and influence of drinking.
(c)
The punishment of the court below (one year of imprisonment) which is unfair in sentencing is too unreasonable.
2. Determination
A. 1) Determination as to the Defendant’s assertion of mistake of facts in light of the following: (a) Nos. 2 and 3 of the list of crimes in the crime No. 1 of the judgment of the court below; and (b) the content of each of the crimes in the instant case known by the evidence duly adopted and investigated by the court below; (c) the time when the Defendant interfered with his duties; (d) the time when the victims reported the Defendant to the police; and (e) the situation from the police officers dispatched upon receipt of the report to the arrest of the Defendant, each of the Defendant’s acts constitutes “power” as referred to in the crime of obstruction of duties; and (e)
It is reasonable to view it.
This part of the defendant's assertion is without merit.
2) We examine the judgment on the fraud of Paragraph 2 of the crime in the judgment below. The following circumstances that can be recognized by the evidence duly adopted and examined by the court below, namely, the defendant did not pay meals equivalent to KRW 10,000 in a restaurant. At the time of arrest as the case, the defendant was only 2,100 in cash during the number of the defendants, and the balance of the physical card held by the defendant was 33 won.