The judgment below

The guilty part against the Defendants is reversed.

Defendant

A shall be punished by a fine of 300,000 won.

The court below found Defendant A not guilty of the facts charged in the instant case, and the prosecutor did not appeal as to the part of innocence.

Therefore, among the judgment of the court below, the part of the acquittal is separately determined and excluded from the judgment of this court.

Defendant A, misunderstanding the summary of the grounds for appeal, was assaulted by the victim and was somewhat imprisoned at the defense level, and did not interfere with the work by exercising force.

Even if the power was exercised, it constitutes a legitimate defense or legitimate act of the victim's assault.

Defendant

B Defendant B did not exercise his power, such as prohibiting the panel from speaking, which “this debate is an illegal debate.”

The punishment of the lower court (the Defendants: each of the fines of KRW 500,000) is too unreasonable.

From the judgment of the court below regarding the Defendants’ assertion of mistake of facts, the Defendants of the guilty part of the facts charged interfered with the Defendant’s holding of the debate by force by avoiding about 20 minutes of the disturbance of the damaged person’s debate by force on the grounds that Defendant A attended the debate held by the victim K, which is the president in Jung-gu Seoul, on June 14, 2017, and the organization that committed an act violating the establishment of a trade union, was attending the debate as a panel. Defendant B’s speaking at the panel, and Defendant B interfered with the Defendant’s holding of the debate by force on the grounds that “this debate is an illegal debate.”

The lower court found the Defendant guilty of the facts charged by comprehensively taking account of the witness K’s legal statement, the prosecutor’s and police’s statement against K, and on-site film CD, etc.

Article 314, Paragraph 1 of the Criminal Code concerning the defendant A's assertion of misunderstanding of facts is established when the defendant A interferes with another's business by deceptive means or by force.