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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant merely raised the victim’s speech at the level of resisting the assault by the victimized person, and does not interfere with the victim’s business by exercising force.
B. Prosecutor 1) Fact-finding: The Defendant’s act of obstructing the business of around October 20, 2015, among the facts charged in the instant case, constitutes the exercise of power as determined by the crime of obstruction of business, but the lower court erred by misapprehending the facts.
2) Improper sentencing: The sentence (a 500,000 won penalty) imposed by the lower court is too unhued and unfair.
2. Determination
A. According to the evidence duly adopted and examined in the judgment of the court below as to the defendant's assertion, the victim appeared as a witness in the court of the court below, and the victim did not pay the drinking value, and requested again the defendant to make a new statement and calculation, which led to the defendant's failure to evade the disturbance.
The statement, 2. F and G, which are the customers at the time, are present in the court of original trial as a witness, and the defendant was satisfing on the main floor and stated that they were satisfing on the main floor, and 3. The defendant refused the calculation by disregarding the victim's order.
However, each circumstance, such as the victim’s statement that there is no such fact, and credibility in the victim’s statement, may be known. When considering all the above circumstances, the defendant may sufficiently recognize the fact that the defendant interfered with the restaurant business of the victim by exercising the power of putting the victim on the main floor and lying on the main floor. Thus, the above argument by the defendant is without merit.
B. Determination 1 on the Prosecutor’s assertion of mistake of facts) The summary of this part of the facts charged is found at around 05:309 on October 20, 2015 and the Defendant confirmed CCTV to the victim D.
The restaurant of the victim by force, such as raising the disturbance with the large sound, etc., shall be a restaurant of the victim by avoiding the disturbance, allowing customers to leave, etc.