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The defendant's appeal is dismissed.
Reasons
1. Summary of the grounds for appeal (the factual error, misunderstanding of legal principles, and unreasonable sentencing)
A. misunderstanding of facts or misunderstanding of legal principles: (a) the Defendant merely stated that the victim who intends to board passengers outside the business area should not operate a taxi outside the business area; and (b) did not interfere with the victim’s business as stated in the instant facts charged; and (c) even if the Defendant committed an act identical to the facts charged in the instant facts charged, such act constitutes a justifiable act that aims to resist the victim’s taxi business outside
However, since the court below found the Defendant guilty of the facts charged in this case, it erred by misunderstanding of facts or misunderstanding of legal principles.
B. The lower court’s sentence on the ground of unreasonable sentencing (the fine of 300,000 won) is too unreasonable.
2. Determination
A. In the judgment of the court below on the assertion of mistake of facts or misapprehension of legal principles, the defendant argued the same purport as this part of the grounds for appeal, and the court below stated in detail the judgment on the above argument under the title "judgment on the argument of the defendant and the defense counsel". The court below allowed the defendant to get the passenger aboard the victim taxi on the ground that the victim operated the taxi outside the business area, let the victim get off the taxi, let the victim get the victim off the taxi by hand and body, let the victim get the administrative disposition, "I would get the victim to get the administrative disposition", "I would have you know about the above," or spit the victim's spit, etc., so the victim prevented the victim from operating his taxi. This act constitutes a threat of interference with business as all force to control the victim's free will, and ② even if the victim engaged in the business outside the business area prohibited by the Passenger Transport Service Act at the time of this case, it can be justified in light of the degree of illegality.