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The judgment of the court below is reversed, and the case is remanded to Chuncheon District Court.
Reasons
The grounds of appeal are examined.
1. A. The summary of the facts charged in the instant case is as follows: “The Defendant removed the following from the elevator, which was attached on September 26, 2014, from around September 2014 to November 17, 2014, a letter of public announcement of holding a meeting of the committee and emergency countermeasure committee for election management on September 26, 2014, a letter of public announcement of holding a meeting of the committee and emergency countermeasure committee for election management on September 30, 2014, a letter of public announcement of holding a meeting of the committee and emergency countermeasure committee for election management on September 30, 2014, a letter of public announcement of the minutes of the meeting on October 6, 2014, a letter of public announcement of the result of visit voting and dismissal (No. 1,5,6 constituency), a letter of public announcement of the representative of each building on October 23, 2014, a letter of public announcement of election by the election commission’s force.”
B. The court below held that the defendant sent a notice attached to one elevator of one apartment among the apartment buildings to several times.
Therefore, the free will and confusion of the Committee on the Management of Apartments has been exercised, or the free and normal performance of duties of the Committee on the Management of Apartments has become impossible or considerably difficult.
On the ground that it is difficult to see it, the first instance judgment was reversed and acquitted.
2. A. The term “power of force” of the crime of interference with business refers to all the forces that may suppress and confuse a person’s free will, and is either tangible or intangible, and thus, it includes not only violence, intimidation, but also social, economic, political status, and pressure based on royalty, etc., and in reality, it does not require a suppression of the victim’s free will. However, 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 act of force constitutes force, such as the date and place of the crime, motive and purpose of the crime, number of persons to commit the crime, form of force, type of duty, type of duty, and the status of the victim.