The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

1. The summary of the grounds for appeal (misunderstanding of facts) is as follows: (a) the Defendant found the victim’s wife who had a dispute with the Defendant, and talked with the victim out of the store.

In addition, it is not true that the victim would have flab, expressed his flab, or flab, or expressed his flab as stated in the facts charged.

In addition, as stated in the facts of the crime in the judgment of the court below, although there is a fact that the defendant moved the partitions, it is nothing more than moving the partitions to the boundary of the store, and the place where plastic chairs was collected on the floor was the front corridor of the store operated by the defendant's wife, so there was no risk of interference with the victim's business.

2. Determination

A. The summary of the facts charged was that the Defendant, between November 201, 2016 and 17:00 on the date, had a 15:0 to 17:00, with a view to installing partitions before the opening of the door room and mobile phone store in the Gu-si B commercial building C and mobile phone store in the Gu-si Do, with a view to getting off the breath, with a view to getting off the breath, with a view to getting off the breath, with a view to getting off the breath, and

On the other hand, the Defendant continuously obstructed the legitimate business of the victim D by force, such as cutting off the partitions before the cell phone store, cutting down the plastic chairs on the floor, and shouldering them.

B. The lower court found the Defendant guilty of the instant facts charged by comprehensively taking account of the victim’s statement and CCTV images taken by the situation at the time.

(c)

(1) The "power of force, which is a part of the elements for the formation of a crime of interference with business under Article 314 of the Criminal Act," means a force sufficient to suppress the victim's free will in light of the offender's status, number of persons, surrounding circumstances, etc. (see Supreme Court Decision 9Do495 delivered on May 28, 199, etc.). (2) In light of the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the court below, the prosecutor is not required to control the victim's free will.