재물손괴등
The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
1. Summary of grounds for appeal;
A. The court below erred in the determination of facts on the ground that there is no evidence to prove that the defendant had exercised the power to control and mixed the victim F's free will, and found the defendant not guilty on the part concerning the crime of interference with business among the facts charged in the instant case, but the removal of the signboards of the business entity in operation constitutes a force which constitutes the element of the crime of interference with
B. The suspended sentence of the judgment of the court below on the grounds of unfair sentencing (the fine of KRW 200,000) is too uneasible and unfair.
2. Determination
A. On May 24, 2012, the Defendant, among the facts charged in the instant case, obstructed the victim’s business operation by removing signboards installed on the outer wall of a commercial building by the victim F, who operates the “EAD”) on May 24, 2012, the fifth floor of the Busan YG C, to promote the private teaching institute.
B. The lower court found the Defendant not guilty of the facts charged on the ground that the Defendant’s removal of the signboard led the victim to a physical condition sufficient to suppress the victim’s free will, thereby making it impossible or considerably difficult for the victim to freely act in relation to the operation of the driving school, and on the ground that there was no evidence to support the Defendant’s exercise of power to the extent that the victim’s free will would have been controlled and mixed.
However, we cannot accept the above determination by the court below for the following reasons.
First of all, the term “comforcing force” in the crime of interference with business is all the forces that are capable of suppressing and mixing a person’s free will, and is not tangible or intangible. As such, violence, intimidation, social, economic, and political status as well as pressure, etc. based on social, economic, and political status and competence are included therein, and in reality, the victim is a victim.