A. Defendant 1) misunderstanding of facts and misunderstanding of legal principles (the guilty portion of the judgment of the court below: interference with the business of April 18, 2012) are difficult to believe each testimony of the witness J and K, which corresponds to the facts charged in this part. Since 20 members, including the Defendants, made a kind of “in-house publicity” while making a tour of office, and there is no particular reason to interfere with the exercise of physical power or access, it cannot be deemed as constituting “in-house force” under the crime of interference with business. Moreover, it is merely a case where there is a little disturbance in the level of resisting the violent exercise by the JJ, which occurred in the course of carrying out legitimate industrial actions, and thus, the illegality as a legitimate act is dismissed. 2) The sentence of unfair sentencing (each fine of KRW 300,000, each suspended sentence) of the court below is too unreasonable.

B. Prosecutor 1) misunderstanding of facts and misunderstanding of legal principles (the part not guilty: interference with the business of April 17, 2012), if Defendant A, B, and C entered the office beyond refusing to provide labor and thereby causing interference to the work of other employees, this constitutes “defensive force” of the crime of interference with business. 2) The lower court’s sentence of unfair sentencing (each fine of KRW 300,000 and each suspended sentence) is too uneasible and unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below as to the Defendants’ assertion of mistake of facts and misapprehension of legal principles, it was difficult for 20 members, including the Defendants, to resist to the Mana with J, which had existed before the office of the Director General of the Department of Justice in the 5th floor of G in the 5th floor of G, and thus, “J” continued the demonstration despite the request for withdrawal from the persons related to the broadcasting station such as the J, and there was a serious confusion in the process.