The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

According to the evidence submitted by the prosecutor, although the defendant could be found to have interfered with the victim's restaurant business by force, the court below found the defendant not guilty, the court below erred by misapprehending the facts.

2. The Defendant was aware of about one year with the victim B, and around 17:00 on June 2, 2019, around the entrance of the “D” restaurant operated by the victim C, the Defendant interfered with the operation of the victim restaurant by force of approximately one hour on the part of the victim’s 1-hours, such as “snicking at the entrance of the business establishment, snicking, going through, going through, going through, and going through, the entrance.”

3. In full view of the circumstances stated in its reasoning, the lower court determined that the instant facts charged constituted a case where there is no proof of a crime, and sentenced the Defendant not guilty, the main purpose of which is as follows

In other words, even according to each statement of F, victim, and I, it is difficult to view that the Defendant exercised the power of causing noise before the restaurant at the time of the instant case, and the Defendant voluntarily reported the instant case to the 112. In light of the fact that the development of the instant case was exceptional, the evidence submitted by the prosecutor alone cannot be deemed to have been proven without reasonable doubt that the instant facts charged that the Defendant interfered with the victim’s business by force, and there is no other evidence to acknowledge it otherwise.

4. Judgment of the court below

A. Criminal facts in a criminal trial should be established based on strict evidence with probative value, which leads a judge to a reasonable doubt. Therefore, in a case where the prosecutor’s proof does not sufficiently reach the extent that such conviction would lead to a judge’s conviction, the same shall not apply.