Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

On November 27, 2015, the Defendant: (a) around 12:00, at a restaurant operating the Z of the victim’s Y in Gangwon-gun, the Defendant: (b) led to the noise of “Is the low-class people to go out of the restaurant, i.e., the customer’s name influence, and the Z; (c) “Is the low-class people to go away from the restaurant for about one hour.”

Accordingly, the Defendant interfered with the victim's business by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness Z and AA;

1. Statement of the police statement concerning the Z;

1. A written statement of the Z [the term “fluorial force” of the crime of interference with business means any force capable of suppressing and mixing the free will of a person. As such, violence, intimidation as well as pressure by social, economic and political status and rights, etc. are not required to be practically controlled by the victim’s free will. However, it means the force 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 force ought to be determined 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, form of force, type of duty, status of the victim, etc. (see Supreme Court Decision 2009Do5732, Sept. 10, 209). However, the court lawfully adopted the evidence and, i.e.,, the victim continued to engage in the victim’s poppy while making a statement in the future.