업무방해등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of one million won.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. misunderstanding of facts and misunderstanding of legal principles 1) The Defendant’s interference with business did not interfere with the victim D’s business by avoiding disturbance due to the Defendant’s desire, contact, etc., and the Defendant’s act does not constitute force on the crime of interference with business. 2) The Defendant’s insult committed a brut in the process of resisting illegal arrest, and did not wish the victim G before being arrested.
B. The penalty of the lower judgment on the grounds of unreasonable sentencing (fine 2.5 million won) is too unreasonable.
2. Determination on interference with business
A. On November 26, 2015, the summary of this part of the facts charged: (a) the Defendant expressed that “E” restaurant operated by the victim D in Changwon Masan Port Co., Ltd. on November 26, 2015; and (b) on the ground that the Defendant’s order is low in the quantity of the instrument, the Defendant interfered with the victim’s restaurant business by demanding the Defendant to read “this Chewing rings and grings, where the Defendant would have been engaged in fraud; (c) where the Chewing rings would have been in fraud; and (d) by demanding the Defendant to read, “Ise, grings, and grings to outside,” and by force, the Defendant interfered with the victim’s restaurant business operation for about 30 minutes.
B. “In the crime of interference with business” in the crime of interference with business refers to all the forces capable of suppressing and mixing a free will of a person. As such, not only violence, intimidation, but also social, economic, political status and pressure by the right and interest, etc. are included therein, and in reality, it does not require a restraint of the victim’s free will. However, in light of the offender’s status, number of persons, surrounding circumstances, etc., it refers to the force sufficient to suppress the victim’s free will. As such, whether it constitutes force ought to be considered in light of all the circumstances, such as the date and place of the crime, motive and purpose of the crime, number of persons, form of force, type of duty, type of duty, and the status of the victim.