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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. As to interference with business among the judgment below's erroneous determination of facts, the defendant was assaulted by D from D and received a contribution in front of D's restaurant at the port level, which does not constitute "comforcing force" under the crime of interference with business, and not interfered with D's business, and the defendant did not have any intention to interfere with business.
B. The sentence of unfair sentencing (six months of imprisonment with prison labor for the crimes Nos. 1 and 2 in the form of a fine of three million won, and the crimes No. 3 and 4 in the judgment) of the court below is too unreasonable.
2. Determination
A. In full view of the following legal principles as to the assertion of mistake of facts, and the evidence duly examined and adopted by the lower court, the facts constituting the crime of the lower judgment that the Defendant interfered with the victim D’s restaurant business by force can be fully recognized.
Therefore, the defendant's assertion of mistake is without merit.
(1) The term “component force” in the crime of interference with business refers to any force capable of suppressing and mixing a person’s free will. As such, not only violence, intimidation, but also social, economic, political status and pressure based on the right and interest. In reality, it does not require a suppression of the victim’s free will. However, it refers to a 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 objectively determined by taking into account all the circumstances, such as the date and place of the crime, motive, purpose, number of persons involved in the crime, form of force, type of duty, and the status of the victim.
In addition, the power of the crime of interference with business does not necessarily mean only the ability to directly terminate to a person engaged in the business, but also make it impossible or considerably difficult for a person to freely act by creating a certain physical condition sufficient to suppress a person's free will.