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The judgment of the court below is reversed.
Defendants shall be punished by a fine of KRW 500,000.
The above fine shall not be paid by the Defendants.
Reasons
1. Summary of grounds for appeal;
A. Defendant A (Defendant A) was guilty of the facts charged in the instant case, although Defendant A, as recorded in the facts charged, insultd F and interfered with his duties or insulting H, the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.
B. The punishment sentenced by the lower court against the Defendants (a fine of KRW 1.5 million) is too unreasonable.
2. Judgment on the assertion of mistake of facts (Defendant A)
A. As to the facts charged No. 1, Defendant A asserts that, although Defendant B had expressed a desire to the victim F, Defendant B only told the victim F, he did not take the desire to the victim F or interfere with the victim F’s work.
However, the following facts and circumstances acknowledged by the evidence duly adopted and examined at the court below and the court below, i.e., that Defendant A visited G office (hereinafter “instant office”) to demand the payment of credit amount to Defendant A; ② Defendant A visited the above office and operated Defendant B at the restaurant operated by Defendant A; ③ Defendant A and Defendant B entered the office of F representative and divided talked with each other, and the statement is generally consistent (N, J, L, M, and K’s statement at the court below at the court below); ④ Defendant B took a desire mainly, but Defendant A also appears to have taken a bath in the form of a representative room (F and K’s statement from the court below to the victim, ⑤ Defendant A and the victim were present at the meeting for sale in lots; ⑤ Defendant A and the victim were present at the meeting of the court below to sell in lots.