업무방해
All appeals filed by the prosecutor against the Defendants are dismissed.
1. The summary of the grounds for appeal is reasonable to deem that the Defendants’ act of creating a dangerous atmosphere, such as finding the precious metal shop operated by the victims and holding in a certain time with the desire and enhancing speech, etc. is an exercise of force to the extent that it interferes with the operation of the victim’s precious metal store. Although it is reasonable to deem that the Defendants who acted in the manner of recognizing it had intention to interfere with the business, the judgment of the court below that acquitted the Defendants on the grounds of erroneous determination of facts is erroneous.
2. Examining the evidence duly adopted and examined by the court below in light of the records, it is not sufficient to recognize that the court below exercised a power to control the victim's free will, and it is reasonable to conclude that the defendants had an intent to obstruct the victim's business in the course of collecting claims, and it is not reasonable to conclude that the court below erred in the misapprehension of facts and affected the conclusion of the judgment, as otherwise alleged by the prosecutor.
3. In conclusion, since the prosecutor's appeal against the defendants is without merit, all of the appeals are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.