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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts and misapprehension of legal principles, the Defendant visited the victim's room to inquire of him, and there was no abuse of power to interfere with the victim's business.
B. The sentence of the lower court’s improper sentencing (an amount of KRW 3 million) is too unreasonable.
2. Determination
A. (1) Determination of the misapprehension of the legal doctrine on the assertion of misunderstanding of facts and misapprehension of the legal doctrine is based on any force that may cause confusion with another’s free will. As such, not only violence and intimidation, but also social, economic, political status and pressure based on the right and interest, etc. are included therein, and in reality, it is not necessary to control the victim’s free will. However, it refers to the force sufficient to suppress the victim’s free will in light of the offender’s status, number of persons, surrounding circumstances, etc., and the determination of whether the act constitutes force ought to be made objectively by taking into account all the circumstances, such as the date and time and place of the crime, motive and purpose of the crime, number of persons involved in the crime, mode of force, type of duty, type of duty, status of the victim, etc.
In addition, the power of interference with the business does not necessarily mean a person engaged in the business who is directly engaged in the business, and the act of making a certain physical condition sufficient to suppress a person’s free will and making it impossible or considerably difficult for the person to act freely (see, e.g., Supreme Court Decision 2009Do5732, Sept. 10, 2009). (2) In full view of the following circumstances acknowledged by evidence duly adopted and investigated by the court below, i.e., that the damaged person makes a specific and consistent statement from an investigative agency to the court of the court of the court below, and the CCTV image conforms to the above statement, the court below found the defendant guilty of the interference with the business of this case.