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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. As to the mistake of mistake, the Defendant merely went through the solicitation of another person, and did not have the intention to acquire it at the time of receiving an order for food.
As to interference with business, the Defendant did not interfere with the victim’s restaurant business as stated in this part of the facts charged.
With respect to conflict, KRW 30,00 won delivered to the firstman on February 2, 2013 is a meal expense, and KRW 20,000 won in the same time was voluntarily applied to the victim with the bath value, and there is no fact that the defendant did not attack, but received the remainder from the victim.
As to the attempted crime of extortion, the Defendant did not commit any act, such as taking over the victim before the victim as stated in this part of the facts charged.
As to the obstruction of performance of official duties, the defendant only resisted the police officer's attempt to arrest himself without any reason, and did not have any physical contact with the police officer.
B. The sentence of one and a half years of imprisonment imposed by the court below on the defendant is too unreasonable.
2. Judgment on the assertion of mistake of facts
A. Comprehensively taking account of the evidence duly adopted and examined in the lower court’s determination on fraud, ① the victim F of this part of the crime has consistently and specifically stated the facts of damage from the investigative agency to the court below’s court. In particular, the Defendant stated to the effect that the Defendant, together with the meals, stated that the Defendant would be “in the process of internal calculation,” and ② the Defendant was merely a person who called “X” or “Y”, who was aware of that he would die with brea, but did not make any statement about the specific personal information, contact details, etc. of the above person, but at the time of the statement, the Defendant stated to the restaurant “I was not a money to be paid.”