A. The misunderstanding of facts and misapprehension of legal principles that the defendant did not get off the taxi for a period of time with the taxi engineer.

Even if this does not constitute a "power", it does not constitute a "power", and there is no problem that has been interfered with as long as the taxi business has been continuously operated.

The judgment of the court below that recognized the defendant's obstruction of business is erroneous in the misapprehension of facts and legal principles.

B. The sentence of the lower court against an unfair defendant in sentencing (an amount of KRW 500,00) is too unreasonable.

2. Determination

A. (1) Determination of the misunderstanding of facts and legal principles as to the allegation of interference with business affairs is not charged with all force that may cause confusion with people's free will, either tangible or intangible, and thus, pressure by social and economic status, etc. as well as violent intimidation is included. In reality, it does not require pressure by the victim's free will. It means a force sufficient to suppress the victim's free will in light of the offender's status, surrounding circumstances, etc. It should be objectively determined by taking into account all the circumstances such as the time and place of the crime, motive, purpose of the crime, mode of duty, type of work, status of the victim, etc. (see Supreme Court Decision 2009Do5732, Sept. 10, 209, etc.). (2) An apartment apartment victim, who was duly admitted and investigated by the court below at the investigative agency, i.e., the victim of the apartment building, who continued to have reached the victim's free will at the time of the defendant's arrival of the defendant's speech and at the time of Eunpyeong-dong Seoul.