The prosecutor's appeal is dismissed.

1. The defendants, who are in the position of the president and the secretary of the center for senior citizens in this case, did not deliver the head of the center for senior citizens to the victim E who was appointed as the president of the center for senior citizens by the provisional disposition of suspension from office under the Suwon District Court 2012Kahap34, the act of not merely omitting the head of the center for senior citizens and not performing duties by exercising pressure on the victim beyond the mere omission. The defendants' act constitutes "defensive power" which is the form of the crime of interference with business. However, the court below assessed this as a mere omission and sentenced the defendants not guilty. The court below erred by misapprehending the legal principles or by misapprehending the legal principles

2. The summary of the facts charged in the instant case is as follows: (a) around 1:50 on March 24, 2012, the victim appointed as the acting president of the center for older persons as a result of the court’s provisional disposition of suspension of duties; (b) on March 27, 2012, at the center for older persons, the Defendants were verbally requested the Defendants to keep the passbook, seals, documents, etc. of the center for older persons so that they can perform duties on behalf of the president according to the court’s decision by mail, respectively; (c) on March 28, 2012, Defendant A demanded the victim to submit a document verifying the content that “the current director decided to continue the operation of the center for older persons until there is a judgment on the principal lawsuit; and (d) the Defendants did not call the passbook, seal, etc. necessary for the execution of the budget of the center for older persons to the victim. Accordingly, the Defendants conspired with “finites” thereby obstructing the victim’

The crime of interference with business is established when a person interferes with his/her business by deceptive means or by force, and the "defensive force" in this context means all the forces capable of suppressing a person's free will.