명예훼손등
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (the point of obstructing the business of the victim E) (the defendant was delegated with the management authority of the building of this case by N, limited liability company N, which is the actual owner of the complete-gu C Building (hereinafter “the building of this case”). Since the victim did not have the authority to lease the building, the defendant’s act of attaching warning as stated in the facts charged in the building of this case does not constitute the crime of interference with business against the victim, the court below accepted this part of the facts charged and convicted the defendant. The judgment of the court below erred by misapprehending the facts, which affected the conclusion of the judgment.
2. "Business" subject to the protection of the crime of interference with business under the Criminal Act, refers to business or business engaged in occupation or continuously, which is worth protecting from infringement by other persons' unlawful acts. Since contract or administrative act, etc., which is the basis of such business, is not necessarily a lawful one, the issue of whether it is a business worthy of legal protection shall be determined based on whether it is actually a peaceful and peaceful part of the business, and even if there are substantive or procedural defects in the process of commencement or performance of the business, it shall be subject to protection of the crime of interference with business so long as the degree does not reach an anti-sociality.
(2) In light of the above legal principles, the court below’s duly admitted and examined evidence reveals that M& corporation, the representative director of which is the victim, was a corporation established for the purpose of real estate sale and lease business, etc., and established and managed the security system of the instant building after its registration as to the instant building and site. Thus, as alleged by the defendant, it can be acknowledged that M& corporation, the victim of which is the representative director, was a corporation established for the purpose of real estate sale and lease business.