The defendant shall be innocent.

1. On February 7, 2017, from around 20:20 to 20:50 the same day, the Defendant conspired with the Defendant in collusion with the Defendant in the facts charged, and obstructed the operation of the victim’s main points by force of approximately 30 minutes, such as, inter alia, 'E operated by the victim D' in Gangnam-gu Seoul, Gangnam-gu, Seoul, for the reason that the damaged person was in a bad condition to the Defendant, and the injured person was boomed by the Defendant. The Defendant d'E was boomed by the victim D’s body, and the injured person boomed the victim into the wall boom, thereby harming the victim's main points operation by force.

2. Determination

A. “Authority” of the crime of interference with business refers to any force that may cause suppression and confusion with a free will of a person. As such, violence, intimidation, as well as social, economic, political status, and pressure based on royalty, etc. is not required to control the victim’s free will, but in reality, it refers to the force sufficient to suppress the victim’s free will in light of the offender’s status, number of persons, surrounding circumstances, etc. As such, the determination of whether the crime constitutes force ought to be made objectively by taking into account all the circumstances, such as the date and time and place of crime, motive, purpose, number of persons, capacity, form of force, type of duty, status of the victim, etc. (see Supreme Court Decision 2010Do9186, Nov. 25, 2010). (b) The court lawfully adopted this case’s evidence in the process where the victim and the Defendant were able to fight against the victim on the day of the instant case, and the victim faced with the victim’s body in the process.

However, in light of the following circumstances acknowledged by the record, the defendant seems to be somewhat excessive to the victim due to the change of security, and the evidence submitted by the prosecutor alone is alone the defendant's act.