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The judgment below
The part against the Defendants is reversed in entirety.
Defendant
A The fine of KRW 700,00,000,00,000,00
Reasons
1. Summary of grounds for appeal;
A. Error of facts or misapprehension of legal principles (1) The Defendants’ interference with business was a peaceful demonstration that did not involve an act of violence. As such, the Defendants’ act of conducting one person’s demonstration as stated in the facts charged does not constitute a threat of the crime of interference with business.
(2) The facts alleged by the Defendants through diskettes or placards constitute defamation under Article 307(1) of the Criminal Act, i.e., “the head of a child-care center L did not pay the construction cost to the Defendants,” and, apart from the fact that the crime of defamation is established, the crime of defamation under Article 307(1) of the Criminal Act, i.e., protecting a person’s social evaluation of personal values, may
(3) The charge of attempted threat (other Defendants than Defendant G and K) merely demanded the payment of the construction cost to the victim on the date stated in the facts charged, and did not constitute intimidation that may cause fears to the victim. Defendant C also imposed a bridge on a bridge, but did not desire the victim. Thus, the Defendants’ act does not constitute a crime of attempted threat.
(4) The Defendants were asked by the police about interference with business and defamation, and conducted one person's demonstration in front of the victim's operation of the child care center. Therefore, there is justifiable reason to believe that the Defendants' act did not constitute a crime.
(5) Common assertion as to obstruction of business, defamation, and attempted attempts to join (the remaining Defendants except Defendant G and K) is merely demanding the payment of the construction cost to the victim in a peaceful manner as a legitimate creditor who received the claim for the construction cost against the victim by M., and the above Defendants’ act is legitimate act under Article 20 of the Criminal Act.