The defendant's appeal is dismissed.

1. The lower court rendered a judgment dismissing the public prosecution regarding the insult of the facts charged, and rendered a judgment of conviction regarding the obstruction of business affairs, and only the Defendant appealed against the conviction portion.

Therefore, since the dismissal part of the judgment of the court below against which the prosecutor and the defendant did not appeal becomes final and conclusive, it is limited to the guilty part of the judgment of the court below.

2. Summary of reasons for appeal;

A. Although there is a high level of dispute in the process of exchanging a fact-finding case (fence of business operation), there is no desire to do so as stated in the facts charged.

Nevertheless, the court below convicted the charged facts of this case. The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

B. The punishment sentenced by the lower court (an amount of KRW 1.5 million) is too unreasonable.

3. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, it is recognized that the Defendant had sounded the store employees at the time of exchanging the case several times as “Cp” and thereby interfered with the victim’s task of operation of D points.

I would like to say.

Therefore, we affirm the judgment of the court below which found the defendant guilty as to obstruction of business, and there is an error of law by misunderstanding facts in the judgment below and affecting the conclusion of the judgment.

subsection (b) of this section.

B. As to the wrongful assertion of sentencing, the crime of this case prevents the victim’s operation of the victim’s D points by taking the Defendant’s desire with a large voice, etc., and relatively high time, such as the time during which the Defendant obstructed his/her business, and the damage was recovered to the victim up to the trial of the party.

Unless there are other circumstances to see, sentencing, motive, means and consequence of the instant crime, etc., such as the Defendant’s age, sexual conduct, motive, means and consequence.