업무방해
The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
1. There is no misunderstanding of the substance of the grounds for appeal or misunderstanding of the legal principles (in notifying the suspension of business, the expression “inorganic” was made. Justifiablely, with respect to the victimized business establishments violating the rules on the operation of a commercial building, according to the direction of W, the head of the management group A and W, the head of the team, who is the head of the management group. An emergency measure for the suspension of business pursuant to the management regulations may be taken, and the emergency measures shall be approved by the ex post representative committee on the emergency measures. The Defendant is only the end of the management group, and it is difficult to think of the fact that he refuses the instruction of the superior and does not clearly reveal the external illegality of the external form of the management group, and performs other acts. The instant act is a legitimate act that was lawfully conducted in accordance with the management regulations. Even if it is not so,
2. The judgment of this Court
A. According to the evidence duly admitted and examined by the court below as to the assertion of mistake of facts or misapprehension of legal principles, the defendant and co-defendant A, the head of the management body of the G shopping district in this case, left the vicinity of the entrance of the victim as a tape and attached a warning phrase of "business suspension" around the entrance of the store where the period of business suspension is not specified, and the act itself constitutes the exercise of power. Thus, even if the closure of the place of the snow shed was conducted in a peaceful manner, it does not affect the recognition of obstruction of business by force.
In the crime of interference with business, the intent of interference with business does not necessarily require the intention of the purpose of interference with business or planned interference with business, but it is sufficient to recognize or anticipate the possibility or risk of causing interference with another person's business due to his or her act.