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The judgment below
The remainder, excluding the dismissed part, shall be reversed.
The defendant shall be innocent.
Reasons
1. Summary of grounds for appeal;
A. The victim’s ground-based work by misunderstanding the legal principles is merely a single-time work, not a continuous one-time work, and thus cannot be deemed as a business subject to protection under the Criminal Act for interference with business.
In addition, the defendant's act cannot be seen as a threat of force under Article 314 of the Criminal Act because of the age of 73 years.
B. The sentence imposed by the court below on the grounds of unreasonable sentencing (the fine of 500,000 won) is too unreasonable.
2. Determination
A. On April 15, 2015, the Defendant: (a) from around 09:50 to around 11:00, the Defendant: (b) provided that the Victim H (the age 64) mobilized a digging pool to cultivate the said forest purchased by her own; (c) and (d) applied that “it is a place where she had taken place from this time before her opening, and is so doing,” the Defendant interfered with the progress of a digging pool by standing a part before her digging season; (d) interfered with the victim’s forest management by force, such as cutting off her land with a swimming pool from around 12:30 on the same day to around 14:00 on the same day; and (e) interfered with the victim’s forest management by means of force from around 12:30 on the same day on the same day.
B. (1) The term "business" subject to the protection of the crime of interference with business under the Criminal Act refers to the business or affairs continuously engaged in according to the occupation or other social status.
(2) According to the evidence duly adopted and examined by the court below, the victim was engaged in the reclamation of the forest of this case on April 15, 2015 with permission from the Korea Forest Service (hereinafter “the Korea Forest Service”) in which the victim jointly purchased the forest of this case on May 13, 2014 and tried to develop the forest of this case on April 15, 2015, and the victim was engaged in the reclamation of the forest of this case on October 28, 2015, with permission from the Korea Forest Service (hereinafter “the Korea Forest Service”).