A. misunderstanding of the facts and legal principles, the Defendant heard the insulting speech first from the victim at the time and place recorded in the facts of the lower judgment, and thus, he did not exercise the power to the extent that it interfered with the business of the victim by misunderstanding of the facts and verbal abuse, such as the aforementioned criminal facts, and by speaking and verbal abuse.

B. The sentence that the court below sentenced the defendant to the sentencing unfair is too unreasonable (2,000,000 won).

2. Determination

A. As to the assertion of misunderstanding of facts and legal principles, "power" refers to a force sufficient to suppress the victim's free will in light of the offender's status, number of persons, surrounding circumstances, etc., which is part of the elements for constituting a crime of interference with the duties under Article 314 of the Criminal Act. In reality, it does not require a suppression of the victim's free will (see Supreme Court Decision 95Do1589, Oct. 12, 1995, etc.). The defendant asserted to the same purport at the court below, and the court below convicted the defendant of the facts charged on the ground that the defendant's act as stated in the facts charged constitutes "power" on the grounds as stated in its reasoning. The court below found the defendant guilty on the grounds that it is reasonable for the court below to have consistently adopted the facts and recognized by the evidence duly and investigated by the court below, i.e., the victim took abusive and verbal abuse as stated in the court below's criminal facts.

statement, which is recorded at that time, shall be recorded “(c)”

In excess of the two years of death, “the two years of death,” “the immediately following funerals,” and the images taken of Defendant’s behavior (Evidence No. 51 through 54 of the evidence record), there is no doubt as to the credibility of the victim’s statement. ② There is no objective evidence that the victim first expressed the Defendant’s desire, and ③ the victim’s operation at the time of the instant crime.