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The judgment of the court below is reversed.
The defendant is not guilty. The summary of this judgment shall be announced publicly.
Reasons
1. Summary of grounds for appeal;
A. The Defendant, by misunderstanding of facts or misunderstanding of legal principles, reported that B is located in E stores and deemed that transferring the above store to C is false, marks B’s photograph as mobile phone in order to secure evidence therefor, and immediately left at the store as B’s defect.
In addition, the defendant made a dispute over the falsity of the transfer of store in front of C and the entrance of the store.
The above actions by the Defendant do not constitute “defensive force” under the crime of interference with business, and the Defendant did not have any intent to commit a crime interfering with business.
(b) The imposition of a fine of KRW 500,000 in total;
2. Judgment on the mistake of facts or misapprehension of legal principles by the defendant
A. The summary of the facts charged is that the Defendant is a person with a claim against B, and the victim C is a person who receives and operates the “E” store from B to B.
On February 13:15, 2017, the Defendant thought that he actually operated the above E store, and thereby, sealed B’s photograph, which had been trying to work at the above store, and obstructed the victim’s store business by force by means of force, such as making the victim’s photograph “to see why the name of the party is false, why he/she should have his/her name known to him/her, she should have his/her name known to him/her,” and marking the victim’s photograph for about five minutes, and opening the door door, etc.
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 person’s free will, regardless of whether it is tangible or intangible, and in reality, the victim’s free will is not restricted, but should be sufficient to suppress the victim’s free will in light of the offender’s status, number of persons, surrounding circumstances, etc. As such, whether it constitutes such force is the time and place of the crime, motive, purpose, number of persons, and means of force.