[Attachment 1] Defendant’s appeal is dismissed.

[2] The judgment of the court below is reversed.

1. The summary of grounds for appeal;

가. 제 1 원심판결 (2016. 3. 17. 업무 방해 )에 대하여 피고인은 피해자를 때리려는 시늉을 하며 행패를 부리는 등 위력을 행사한 바가 전혀 없음에도, 이 부분 공소사실을 유죄로 인정한 제 1 원심은 사실을 오인하여 판결에 영향을 미친 위법이 있다.

B. As to the lower judgment of 201. (Interference with the business of February 26, 2016), the Defendant was under the influence of alcohol and did not interfere with the victim’s business by force by avoiding disturbance for two hours, the lower court found the Defendant guilty of this part of the facts charged, thereby adversely affecting the conclusion of the judgment.

2. Determination

A. In light of the evidence duly adopted and examined by the lower court as to the first instance judgment (Interference with the business of March 17, 2016), and the following circumstances recognized by the lower court, i.e., the contents of the witness by F, the main customer (the victim was suffering from wounds, and the Defendant expressed the victim’s bath and sacrificing) and corresponding to the facts charged, it can be acknowledged that the Defendant interfered with the victim’s business by force on March 17, 2016, as stated in the first instance judgment, and thus, this part of the Defendant’s assertion is without merit.

Although the Defendant had asserted to the effect that the sentencing was unfair on the third trial date of the trial of the first instance, it cannot be a legitimate ground for appeal since it was raised after the appeal was not timely, and even upon ex officio examination, it appears that the Defendant reported the illegal business, etc. to 112, while taking advantage of his former police career, or had repeated actions that interfered with the business of self-employed persons around the time of committing this case, by taking account of various sentencing conditions shown in the records and arguments.