(영문) 대구지방법원 2015.01.09 2014노1771 | 리걸엔진

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(영문) 대구지방법원 2015.01.09 2014노1771

업무방해

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the defendant's request for judgment of mistake of facts was defective, the victim seems to be well-known by the victim's refusal of such request, and the defendant expressed a great voice for the victim, and the victim expressed a desire to do so. However, a large amount of sound-friendly time is only ten seconds, and it does not interfere with the victim's restaurant business by driving 30 minutes in the same way as the facts charged in this case, and does not interfere with the victim's restaurant business.

B. The sentence (one million won of fine) imposed by the lower court is too unreasonable.

2. Determination

A. We examine the argument of mistake of facts. The following circumstances acknowledged by the evidence duly adopted and examined by the court below. ① The victim shows a statement consistent with the victim's statement, such as ① the victim's statement that the defendant tried to sit in the restaurant by drinking 3 hours at the restaurant of this case, and show a dynamic image stored in his mobile phone several times, and bullying the victim who is working in the restaurant, and paid the drinking value without paying the drinking value, ② the defendant's defect, Defendant's desire to take care of the restaurant, and the defendant's behavior, ② The customer F in the restaurant of this time stated that the defendant got out of the restaurant without paying the drinking value, ② The victim made a statement consistent with the victim's statement, such as the victim's statement that the defendant tried to go in the restaurant of this case without paying the drinking value, ③ the defendant's refusal to request the victim to interfere with the drinking value so that he could sufficiently recognize the defendant's desire to engage in the restaurant business by force within the scope of the restaurant.

Therefore, the defendant's above assertion is without merit.

B. The instant crime is sufficiently convicted of the judgment on the allegation of unfair sentencing.

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