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The judgment below
Of them, the part on Defendant B shall be reversed.
Defendant
B shall be punished by a fine of 3,500,000 won.
Defendant .
Reasons
1. Summary of grounds for appeal;
A. Defendant A did not have the intent to obstruct the victim’s business, and there was no possibility that the victim’s business would be impeded or impeded due to the Defendant’s act.
Nevertheless, the court below found the Defendant guilty of the facts charged of this case. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.
B. Defendant B ① did not read the content of the Defendant’s defamation as indicated in the facts charged of defamation as of July 10, 2012, and the content of the content written by Co-Defendant A was not inserted by the reporter at the same time, and thus, there was no performance.
② The details stated in each of the facts charged by the Defendant and the contents inserted in the information and communications network are true.
3. The statement of true facts is solely for the public interest and thus its illegality is dismissed.
④ Nevertheless, the lower court found the Defendant guilty of all the charges. In so doing, it erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.
2. Determination
A. As to the Defendant A’s assertion of the crime of interference with business, the term “comfort force” in the crime of interference with business includes not only assault and intimidation, but also pressure based on social, economic, and political status and right rates, as all tangible and intangible forces capable of suppressing and mixing a person’s free will (see, e.g., Supreme Court Decision 2007Do2178, Jun. 14, 2007). In short, even if a person is not directly engaged in the business, the act of making a certain physical state that makes it impossible or considerably difficult for the person to perform his/her normal duties due to the creation of a certain physical state that makes it impossible or considerably difficult for the person to perform his/her duties.
(See Supreme Court Decision 2009Do5732 Decided September 10, 2009).