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The judgment below
The part of the crime of paragraph 2(a) of the judgment is reversed.
As to the crime of paragraph 2(a) of the judgment of the defendant.
Reasons
1. Summary of grounds for appeal;
A. The defendant asserts that the judgment of the court below that the defendant obstructed the victim D's restaurant business or assaulted the victim D when the victim H did not obstruct the victim D's restaurant business, and otherwise, the judgment of the court below that the defendant abused the victim H by misunderstanding the facts, thereby adversely affecting the conclusion of the judgment.
B. The Defendant asserts that the sentence imposed by the lower court (the crime of paragraph 2(a) on the market: fine of KRW 3 million, and the remaining crimes in its holding: imprisonment of KRW 4 months) is too unreasonable.
2. Determination
A. Judgment on the assertion of misunderstanding of facts
1. Interference with business;
A. On August 2014, the Defendant committed a crime in the middle of 2014, around 14:00, around 14:00 on the middle of August 2014, the Defendant 2014: (a) while taking part of the time to some of the customers in the name in the E-cafeteria of the operation of the victim D in the Chang-gu, Masan-si, Changwon-si; (b) the victim scameded, thereby making the said customers to take the 30 minutes of the disturbance, such as “scambling off”, and threatening the victim as he would threaten the victim.
Accordingly, the Defendant interfered with the business of the victim's restaurant by force.
B. On October 25, 2014, around 11:10 on October 25, 2014, the Defendant: (a) around October 25, 2014, at the above restaurant of the said D’s operation, the Defendant: (b) around 11:10, 2014, the Defendant: (c) had customers who were at the above restaurant of the said D, were able to take a bath, such as “scopic death and discarded down;” (d) the victim was scopic; (e) threatening the victim as at the time of the victim; (e) threatening the victim; and (e) had customers who were at the above restaurant table and chaired on the floor
Accordingly, the Defendant interfered with the business of the victim's restaurant by force.
2. Violence;
A. On July 201, 201, the Defendant committed a crime in the middle of July 1, 201, at G cafeteria located in Gyeongwon-si, Changwon-si, Changwon-si, Masan-si, and the Victim H (Age 49)’s thoughts to the Defendant.