The judgment of the first instance shall be reversed.

Defendant

Punishment against A shall be 300,000 won.

Defendant

A The above fine shall be imposed.

1. The determination of the court below on September 21, 201 and the misapprehension of legal principles on the summary of the grounds for appeal (the acquittal part of the judgment of the court of first instance is based on the evidence submitted by the prosecutor, and the defendant A conspired with the defendants on September 21, 201 and interfered with the victim F's patient treatment service by force, such as avoiding disturbance, etc. on October 7, 2011, respectively) and unfair sentencing.

A. The crime of interference with business is established when there is a risk of causing interference with business even though the occurrence of interference with business actually does not occur, and the interference with business includes not only interference with the performance of business, but also interference with business.

In addition, "component force", which is part of the elements of the crime of interference with business under Article 314 of the Criminal Act, means the force sufficient to suppress the victim's free will in light of the offender's status, number of people, surrounding circumstances, etc., and in reality, it is not necessary to control the victim's free will.

B. (See, e.g., Supreme Court Decision 95Do1589, Oct. 12, 1995; Supreme Court Decision 2000Do3231, Mar. 29, 2002).

In light of the above legal principles, evidence duly adopted and examined by the first instance court and the first instance court: ① Defendant A’s “G” hospital operated by the victim (hereinafter “instant hospital”) around 19:0-20:00, and the instant hospital was waiting for the instant patient to receive the victim’s medical treatment; ② the victim’s disturbance was unable to receive the patient’s medical treatment; ③ the medical doctor of the instant hospital was treated as the patient; ③ the Defendants, on October 7, 201, 201, were to receive the patient’s treatment on the part of the victim, such as finding the hospital and taking a bath. However, the instant hospital was unable to receive the victim’s medical treatment; and ② the patient’s other doctor was unable to receive the medical treatment.