The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

1. Summary of grounds for appeal;

A. misunderstanding of facts or misapprehension of legal principles regarding ① interference with business affairs, the cafeteria was found in the above cafeteria to receive money from the Defendant F, the Defendant’s speech, and was seated on the table located in the Gu’s seat, and there was no disturbance or interference with the cafeteria’s business.

(2) With respect to the crime of refusing to withdraw, the injured person on the day of the case requests the accused to leave once.

The defendant did not comply with this, and the victim got the defendant out of the place by exercising physical power, and the de facto peace of residence was infringed.

subsection (b) of this section.

③ 상해죄에 대하여, 피해 자로부터 강제 퇴거를 당하는 과정에서 나가지 않고 버텼을 뿐, 피해자에게 폭력을 행사한 사실이 없고, 피해자가 입은 상해는 피고인을 밖으로 끌어내려는 과정에서 무리하게 힘을 쓰다가 평소 앓고 있던 관절염 때문에 발생한 것이므로 피고인의 행위와 인과 관계가 없다.

Even if the defendant's act was the cause of injury

Even if the defendant was the only passive defense to defend his body from the illegal violence of the victim, the illegality is dismissed as it constitutes a legitimate defense.

B. The sentence of the lower court’s improper sentencing (2 million won) is too unreasonable.

2. Determination

A. As to the assertion of mistake of fact, ① “power of force” in the crime of interference with business refers to any force that may suppress or confuse a person’s free will, and the criminal intent of interference with business is not always recognized as having the intention of interfering with business or planned interference with business, but is sufficient to recognize or anticipate the possibility or risk of causing interference with another person’s business due to his/her own act.