업무방해
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is that the Defendant: (a) demanded monthly rent at the time of the instant case and sought to D (hereinafter “instant store”) operated by E and F; and (b) was subject to intimidation, such as “in the event of continuous demand for monthly rent,” in the warehouse located inside the store; (c) the Defendant went on a road outside the store, and led to two times the Defendant’s act of “in the face of monthly rent and funeral”; and (d) said, the Defendant’s act does not constitute a legitimate act that does not interfere with the mobile phone sales business of E, or that does not go against social rules.
2. “In the crime of interference with business” in the crime of interference with business includes not only assault and intimidation, but also social, economic, political status, and rights, as all tangible and intangible forces capable of suppressing and mixing a person’s free will (see, e.g., Supreme Court Decision 2007Do2178, Jun. 14, 2007). In short, even if a person is not directly engaged in a business, an act that makes another person unable or considerably difficult to perform his/her normal business as a result of creating a certain physical condition that may restrain a person’s free will or conduct, even if he/she is not directly engaged in a business, may include the act that makes another person unable or considerably difficult to perform his/her business.
(See Supreme Court Decision 2009Do5732 Decided September 10, 2009). “Interference with business” in the crime of interference with business includes not only interference with a specific business itself, but also hindering the smooth progress of business performance.
(See Supreme Court Decision 98Do3767 delivered on May 14, 199). The phrase “act that does not contravene social rules” under Article 20 of the Criminal Act refers to an act that is permissible in light of the overall spirit of legal order or the social ethics or social norms surrounding the act, and the specific circumstance is that a certain act does not violate social rules and thus, its illegality is excluded.