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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In fact, the Defendant did not interfere with the victim’s business operation by avoiding disturbance in a restaurant operated by the victimized person.
Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.
B. The sentence of a fine of KRW 2.5 million sentenced by the lower court is too unreasonable.
2. Determination
A. In full view of the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, the court below's judgment that found the defendant guilty of the facts charged of this case is just, and there is an error of law that affected the conclusion of the judgment by misunderstanding the facts and misunderstanding the facts.
shall not be required to do so.
This part of the defendant's assertion is without merit.
B. We examine the case of determining the illegality of sentencing; although it is recognized that a sentence should be determined in consideration of equity in the case of habitual night residence larceny as stated in the first head of the crime as stated in the judgment of the court below, and at the same time, considering the equity in the case of the judgment, it appears that the Defendant would not seriously reflect his or her mistake by denying the facts charged when the judgment of the court below acknowledged the facts charged of this case was in the first instance, and that the Defendant is the number of criminal records, other than the criminal records of the first head of the crime stated in the judgment of the court below
There are records of criminal punishment on several occasions, including one occasion of suspended execution, seven times of fine, etc. The lower court appears to have sentenced to a fine reduced than that of the summary order, taking full account of the favorable circumstances in favor of the Defendant, and there is no special change in circumstances to change the sentence after the lower court was sentenced, and records of this case, such as the Defendant’s age, sex behavior, environment, family relationship, and circumstances after the crime.