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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. By May 7, 2017, the victim had run a normal business at the instant store, and after May 8, 2017, the victim took full account of the fact that there was a dispute between the instant association and F on the whole of the instant building, including the instant store, and renounced his/her business.
B. Meanwhile, on May 7, 2017, the Defendant did not have been present at the instant store, and on the same date, the Defendant could not interfere with the victim’s business.
C. In addition, the victim asserted that he transferred the instant store from F, the lessee of the instant building, from June 1, 2017, but at the time, the lessee of the instant building was not F but the instant association, and thus, the victim did not have the right to engage in the business of selling fruits at the instant store around June 1, 2017.
Therefore, the victim was unable to operate the business in the store of this case at the same time.
This does not constitute a obstruction of business.
2. Determination
A. Relevant legal principles 1) The term "business" subject to protection of the crime of interference with business under the Criminal Act refers to an occupation or a continuous business, which is worth protecting from infringement by another person's illegal act, and the contract or administrative act, etc. which is the basis of such business does not necessarily have to be lawful. However, if a certain business or activity itself has anti-sociality to the extent that it is considerably unacceptable in the social life due to an excessive degree of illegality, it cannot be deemed that it constitutes "business subject to protection of the crime of interference with business" (see, e.g., Supreme Court Decision 2001Do5592, Aug. 23, 2002). The term "comfort force" in the crime of interference with business under the Criminal Act refers to any force that is capable of suppressing a person's free will, regardless of whether it is tangible or intangible, and thus, it includes threats as well as pressure by social economic and political status and power.