The defendant's appeal is dismissed.

1. Reasons for appeal;

A. Although there was a fact that the Defendant committed an act as described in the facts charged by mistake of fact, it is not an exercise of force against the crime of interference with business, since it was sexually misleading while engaging in a dispute with one another in the process of adjusting the brokerage commission, and it was sexually misleading and

B. The Defendant’s act of misapprehension of the legal principles is conducted in the course of mediating the amount of brokerage commission as a consumer, and constitutes a justifiable act under Article 20 of the Criminal Act.

C. The lower court’s sentence of unreasonable sentencing is heavy.

2. Determination

A. The “comforcing force” of the crime of interference with business in determining the mistake of facts refers to all the forces capable of suppressing and mixing a person’s free will. The term “comforcing force” refers to either tangible or intangible or intangible, and includes not only assault and intimidation, but also social, economic, political status, and pressure based on royalty. 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. 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, mode of force, type of duty, type of duty, and the status of the victim.

(1) In light of the overall circumstances, such as the date and time, place, motive, details of the Defendant’s act, and the time during which the Defendant’s act was continued, the Defendant’s act would suffice to evaluate the Defendant’s act as a threat of force on the crime of interference with business.

B. It is recognized that the defendant, who is the client of judgment on the misapprehension of the legal principle, had tried to mediate the difference between the victim and the intermediary fee of an individual among the individuals.

Even if a consumer performs an act necessary for the exercise of his/her rights, it shall be legally.