A defendant shall be punished by imprisonment for a year and a fine of KRW 1,00,000.

The defendant above.

A. misunderstanding of facts or misunderstanding of legal principles: (a) on March 4, 2012, the Defendant sent a defense to the Hestus with one customer on March 4, 2012; (b) on March 18, 2012, the Defendant expressed the victim’s desire to do so to the victim; and (c) committed the act of threatening the victim, which does not constitute force of the crime of interference with business.

Therefore, the court below erred by misunderstanding of facts or misunderstanding of legal principles.

B. The Defendant was in a state of mental disability under the influence of alcohol at the time of each crime in the judgment of the court below.

C. Each sentence (the first instance judgment: imprisonment with prison labor for a period of one year, and fine of one million won for the second instance judgment) imposed on the Defendant by the lower judgment on unreasonable sentencing is too unreasonable.

2. Determination

A. Before determining the mistake of facts or misapprehension of legal principles of the defendant's ex officio judgment, mental or physical disability, and the assertion of unreasonable sentencing, the defendant filed an appeal in both cases against the judgment of the court below, and the argument in the trial was combined. Each of the crimes that the court below held against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and the judgment of the court below should be rendered concurrently in accordance with Article 38 of the Criminal Act. Thus, the judgment of the court below is no longer maintained.

However, despite the above reasons for ex officio reversal, the defendant's mistake of facts or misapprehension of legal principles, and the argument of mental or physical disability is still subject to the judgment of this court, and this is examined.

B. The “defluence” of the crime of interference with business in the first place of judgment on the assertion of mistake of facts or misapprehension of legal principles is all the forces capable of suppressing and mixing a person’s free will, regardless of whether it is tangible or intangible. As such, it includes not only violence and intimidation, but also social, economic and political status and pressure based on royalty, etc., and in reality, it is not necessary to control the victim’s free will, but also must be sufficient force to suppress the victim’s free will.