A. On February 17, 2015, Defendant B did not intend to interfere with Defendant A and the victim’s business, and there is no fact that Defendant B participated in the act of interference with Defendant A’s business.

Therefore, the judgment of the court below which found Defendant B guilty of obstruction of business on February 17, 2015 among the facts charged is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

2) On March 19, 2015, the Defendants only posted a printed article on the bulletin board of the private teaching institute building operated by the victim and did not interfere with the victim’s business.

Therefore, the judgment of the court below which found the Defendants guilty of obstruction of business on March 19, 2015 among the facts charged is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

B. The sentence of the lower court (a fine of two million won is imposed on Defendant A, and a fine of one million won is imposed on Defendant B) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. Defendant B’s business obstruction part 1, 2015.2.2. 1) 2 or more of the two co-offenders who jointly process a crime do not legally require a certain form of punishment, but only two or more persons intend to jointly process a crime and realize a crime. Although there is no process of the whole conspiracy, if a combination of intent is formed in order or impliedly and through several persons, it is necessary to establish a conspiracy. However, if the Defendant denies the conspiracy, which is a subjective element of the crime, it is necessary to prove it by the method of proving indirect or circumstantial facts that are relevant to the nature of the crime, and what constitutes an indirect element of the crime, it is inevitable to prove it by the method of proving indirect or circumstantial facts that are relevant in light of the nature of the object, and what constitutes an indirect element of the crime in this case, is the link of facts based on the close observation or analysis history based on normal empirical rule.