This is a legitimate act that does not go against social norms in light of social norms.

Nevertheless, the judgment of the court below which found all of the facts charged guilty is erroneous in the misapprehension of legal principles as to a legitimate act, which affected the conclusion of the judgment.

2. Determination

A. (1) The determination of the assertion of mistake of fact is based on the following: (a) “power” of interference with the relevant legal doctrine as to the assertion of mistake of fact is a form of force that may lead to suppression and confusion of a person’s free will; (b) as such, it is not charged with violence, intimidation, as well as social, economic, political status, and pressure based on the right and interest; and (c) in reality, it does not require pressure of the victim’s free will; (d) however, it refers to the force sufficient to suppress the victim’s free will in light of the offender’s status, number of persons, surrounding circumstances, etc.; and (e) whether it constitutes force ought to be objectively determined by taking into account all the circumstances, such as the date and time and place of the crime, motive and purpose of the crime, number of persons to commit the crime, form of force, type of duty

In addition, the power of interference with the business does not necessarily mean that a person engaged in the business directly terminates a provisional termination does not necessarily mean that a person engaged in the business is a person engaged in the business, but an act that makes a certain physical condition sufficient to suppress another person's free will and makes it impossible or considerably difficult for another person to act freely (see Supreme Court Decision 2009Do5732, Sept. 10, 2009).