상해등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 700,000.
The above fine shall not be paid by the defendant.
Summary of Grounds for Appeal
A. In regard to the crime of interference with business (the crime No. 1-B, and paragraph (c) of the crime of interference with business in the original judgment), the Defendant did not assault the victim on August 20, 2012, such as misunderstanding of facts or misunderstanding of legal principles 1-B, and 18:00 around August 2, 2012 and 18:00 on August 6, 2012, but did not interfere with the victim’s business by force. However, the lower court found the Defendant guilty of this part of the facts charged, which erred by misapprehending the facts, thereby affecting the conclusion of the judgment. 2) The Defendant committed the crime of injury (the crime No. 2-A of the original judgment in the first instance judgment) on August 20, 2012. In so doing, the Defendant did not commit any assault, such as misunderstanding of the victim’s son’s son’s son’s second son’s son’s second son, and it cannot be viewed as having been caused by the Defendant’s act.
B. The lower court’s sentencing (one million won of fine) is too unreasonable, even if not, on the other hand, unreasonable.
Judgment
A. As to the assertion of mistake of facts or misapprehension of legal principles, the crime of interference with business under Article 314(1) of the Criminal Act is established when a person interferes with another’s business by deceptive means or by force. The term “defensive force” in this context includes the pressure, etc. by assault and intimidation as well as by social, economic, political status and authority because it is not charged with the suppression of a person’s free will by force, tangible, intangible, or intangible. The term “defensive force” in the crime of interference with business refers to all of the affairs or projects that are continuously engaged in by the status of occupation or social life, and the duties in the crime of interference with business refer to the whole of the affairs or projects that are continuously engaged in according to the status of occupation or social life, regardless of whether the duties are mainly or incidental.