A. Although there was a mistake of facts or misapprehension of legal principles that the Defendant had access to the party room operated by C several times, the Defendant did not have any intention to interfere with the business, and the Defendant did not exercise any power, and the Defendant did not have any minor disturbance, and there was no risk of interference with the business of the victim. ② The Defendant’s act is a justifiable act that does not go against the social norms, and thus, does not constitute a legitimate act that does not go against the social norms.

Nevertheless, the court below found the Defendant guilty of the facts charged of this case. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. The sentence imposed by the lower court on the Defendant (a fine of KRW 700,000) is too unreasonable.

2. Determination

A. The summary of the facts charged is as follows: (a) from February 27, 2019 to 17:00 of the same day, the Defendant interfered with C’s business affairs of the party branch by avoiding disturbance by repeatedly entering and leaving the party branch for about three hours by force, even though the Defendant: (b) was so large as to say, “B is not a person who steals tobacco; (c)” and “B may do so; and (d) was so large as to say, “B may do so; and (d) Don Don Don Don Don Don Don,” and even if C prevented the Defendant from entering and leaving the party branch, it interfered with C’s business affairs for the party branch by force for about three hours.

B. 1) Determination of mistake of facts or misapprehension of legal principles regarding the assertion (A) ① The crime of interference with business under Article 314(1) of the Criminal Act is established when a person interferes with his/her business by deceptive means or by force. Here, the term “defensive force” in this context means all the forces capable of suppressing a person’s free will, and as such, assault and threat as well as assault and threat, social, economic, political status, and pressure based on power, etc. are also included therein. < Amended by Act No. 8548, Jun. 14, 2007>