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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The lower court found the Defendant guilty of this part of the facts charged on the part of the victim G by misapprehending the legal doctrine or by misapprehending the legal doctrine on interference with the business of the victim G, even though there was a growing voice on the part of the victim due to a flat disturbance, and cannot be seen as a threat of interference with the business. In so doing, the lower court erred by misapprehending the legal doctrine on the part of the facts charged, or by misapprehending the legal doctrine, without further proceeding to hear
B. The Defendant, who has lost mental or physical loss or has been suffering from stimulative dynamic disorder requiring long-term hospitalization for more than six months, and especially suffering from difficulties in shocking shock. The instant crime, including interference with the victim J, special intimidation, and violation of the Punishment of Minor Offenses Act, was committed under the state of mental or physical loss or mental weakness.
(c)
The punishment sentenced by the court below to the defendant (the imprisonment of 8 months, the fine of 100,000 won, the confiscation) is too unreasonable.
2. Determination:
A. Regarding the assertion of misunderstanding the facts related to interference with the business of the victim G or the misapprehension of the legal principles, the crime of interference with the business of Article 314(1) of the Criminal Act is established in the event of interference with the business of the victim by deceptive means or by force. The term "defensive means" refers to the use of a deceptive scheme by causing mistake to the other party or the site in order to achieve the purpose of the act. The term "power" refers to any force that may cause confusion with the free will of a person, and it includes not only assault, but also pressure by social, economic, political status and power (see, e.g., Supreme Court Decisions 2003Do504, Mar. 25, 2005; 2008Do8557, Nov. 27, 2008).