All judgment of the court below shall be reversed.

Defendant shall be punished by a fine of KRW 80,000.

The above fine shall not be paid by the defendant.

항소 이유의 요지 피고인의 제 1 원심판결에 대한 항소 이유 (2017. 6. 13. 자 업무 방해의 점 관련) 사실 오인 및 법리 오해 주장 피고인이 공소사실 기재 피해자가 운영하는 사무실에서 채권 추심 업무를 위해 약 7 분간 노크를 하는 등 손으로 문을 두드리고 인터폰을 누른 사실은 있지만, 공소사실과 같이 문을 발로 쾅쾅 차는 등 소란을 피운 사실이 없다.

The act of a defendant does not constitute a threat of interference with the business of the defendant.

When the Defendant sought to the above office around June 7, 2017, the previous owner of the instant case, and the Defendant sought from the victim the horses, such as “a defect, content verification,” etc., and reported to the police as a obstruction of business and failed to collect the claim properly. Therefore, the Defendant sought the victim by explaining the reason why the Defendant should pay the victim’s debt.

There was no criminal intent to obstruct the defendant's business.

The punishment of the court below (the amount of 500,000 won) is too unreasonable.

The grounds for appeal by the prosecutor against the lower judgment of the second instance (related to the interference with one’s own business on June 7, 2017) are as follows.

“A series of acts barring a victim to enter an office by putting a door off constitutes force, and such acts constitute acts prohibited under Article 9 subparag. 5 of the Fair Debt Collection Practices Act. Thus, interference with business is established.

However, the judgment of the court below which acquitted the charged facts of this part is erroneous in the misapprehension of legal principles as to the establishment of a crime of mistake of facts and obstruction of business.

The “power of force” of interference with the legal doctrine as to the allegation of misunderstanding of facts and misapprehension of legal principles on the grounds of appeal against the Defendant’s judgment of the first instance court (related to the point of interference with one’s own business on June 13, 2017) is any force that may lead to pressure and confusion on a person’s free will.