업무방해
The judgment of the court below is reversed.
The defendant is innocent. The summary of this judgment shall be notified publicly.
1. Summary of grounds for appeal;
A. The act of misunderstanding of facts and misunderstanding of legal principles to require the victim C who made the instant website to correct the website is not deemed to have interfered with the victim's business by exercising legitimate authority under a contract, as it is a legitimate exercise of authority under a contract, or constitutes a legitimate act.
Nevertheless, the court below rendered a guilty verdict against the defendant, which erred by misunderstanding facts or by misunderstanding legal principles, which affected the conclusion of the judgment.
B. The sentence imposed by the court below on the grounds of unreasonable sentencing (the fine of 300,000 won) is too unreasonable.
2. Judgment on misconception of facts and misapprehension of legal principles
A. On February 7, 2018, from around 10:24 to 11:02, the Defendant: (a) at the office of the Defendant located in Seo-gu, Seo-gu, Seo-gu; (b) on the ground that the Defendant’s mother would not comply with the Defendant’s demand for correction; and (c) on the ground that the Defendant’s mother would not comply with the Defendant’s demand for correction; and (d) on the part of the victim C’s cell phone that was in charge of business such as the production, sale, etc. of computer programs, the Defendant could not view the Defendant
Ultimately, the Defendant interfered with the business of producing and selling the victim’s computer program by force.
B. The “comforcing force” in the relevant legal doctrine on the crime of interference with business is all the forces capable of suppressing and mixing a free will of a person, and is not tangible or intangible. As such, violence, intimidation, as well as social, economic, political status and pressure by force. In reality, it is not necessary to control the victim’s free will, but should be a sufficient force to suppress the victim’s free will. Determination of whether it constitutes such force should be made objectively by taking into account all the circumstances, such as the date and place of the crime, motive and purpose of the crime, number of persons to commit the crime, type of duty, type of duty, and the status of the victim.