업무방해등
The defendant's appeal is dismissed.
1. Of the facts charged in the instant case, the lower court sentenced the dismissal of prosecution as to the assault and obstruction of business, and sentenced the Defendant to the charge of obstruction of business (one million won as to a fine). Since only the Defendant appealed against the conviction among the lower judgment, the part of the lower court’s dismissal of public prosecution among the lower judgment was divided and finalized by the way of appeal period.
Therefore, the scope of the judgment of this court against the judgment below shall be limited to the remaining conviction except the above dismissed dismissal part.
2. Summary of grounds for appeal;
A. The defendant found the defendant guilty of the facts charged of this case in a mistake of facts and misunderstanding of legal principles that time was about five to ten minutes, and the defendant merely requested the victim to delete the video, but did not interfere with the victim's business by force. Thus, the court below erred in the misapprehension of legal principles and erroneous determination of facts.
B. The lower court’s sentence of unreasonable sentencing (one million won of fine) is too unreasonable.
3. Determination
A. 1) Determination of the assertion of mistake of facts and misapprehension of the legal principle on the crime of interference with business is a force that may cause a suppression or confusion of a person’s free will, as it is either tangible or intangible or intangible, and thus includes violence, intimidation as well as pressure by social, economic, political status, and royalty (see, e.g., Supreme Court Decision 2003Do504, Mar. 25, 2005). In addition, the crime of interference with business does not necessarily require any intention to interfere with business or purpose of planned interference with business, but it is sufficient to recognize or anticipate the possibility or risk of causing interference with another person’s business due to his own act, and its recognition or predictability is not only final but also conclusive.