The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant did not interfere with the victim’s restaurant business by force.

B. The punishment sentenced by the lower court (an amount of KRW 3 million) is too unreasonable.

2. Determination

A. According to the following circumstances acknowledged by the evidence duly adopted and examined by the court below as to the assertion of mistake of facts: (i) the statement of the victim and the cafeteria employee who was witness is consistent and specific; (ii) the police officer at the time of arresting the defendant as a flagrant offender, according to the field circumstances at the time of the arrest of the defendant as a flagrant offender, the defendant was softening sofed by the softening softening; (iii) taking into account the relationship between the defendant and the victim; and (iv) other factors such as the victim’s usual behavior; and (v) even if it is impossible to directly confirm the situation at the time of the instant case, the fact that the defendant interfered with the victim’s restaurant business by force, as indicated in the judgment of the court below, is sufficiently recognized.

Therefore, the defendant's assertion of facts is without merit.

B. The lower court rendered a fine of three million won, taking into account ① the circumstances unfavorable to the Defendant, the fact that the Defendant had been punished several times due to the same kind of duties and violent crimes, and the fact that the Defendant again committed the instant crime during the same repeated crime period; ② the circumstances favorable to the Defendant, favorable to the Defendant, the victim wanted the Defendant’s wife, the degree of interference with duties is relatively minor, and the Defendant’s health was not good.

When comprehensively considering the conditions of sentencing, the sentencing of the court below exceeded the reasonable limit of its discretion, and the sentencing criteria, etc. in the court below’s sentencing.

The judgment of the court below is assessed or maintained as it is.