The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The judgment of the court below that found the Defendant guilty of this part of the facts charged even though the Defendant did not enter a restaurant operated by the victim E and did not wish the victim at the time of the instant case. In so doing, the judgment of the court below erred by misunderstanding the facts and adversely affecting the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (eight months of imprisonment) is too unreasonable.

2. Determination

A. As to the mistake of facts, the term “defluence” under Article 314(1) of the Criminal Act means all tangible and intangible forces capable of suppressing and mixing a person’s free will, which include not only assault and intimidation, but also pressure based on social, economic, and political status and right rates (see, e.g., Supreme Court Decision 2007Do2178, Jun. 14, 2007). In short, even if a person is not directly engaged in a business, an act that makes it impossible or considerably difficult for a person to perform his/her normal duties due to the creation of a certain physical condition that makes it impossible or considerably difficult for him/her to perform his/her duties.

(See Supreme Court Decision 2009Do5732 Decided September 10, 2009). “Interference with business” in the crime of interference with business includes not only interference with a specific business itself, but also hindering the smooth progress of business performance.

(2) On May 14, 199, the following circumstances are acknowledged by the evidence duly admitted and investigated by the court below and the court below (see Supreme Court Decision 98Do3767 delivered on May 14, 199). (2) In other words, the victim E stated that: (a) the victim E, from the investigative agency to the trial of the party, had a customer entering a restaurant for the operation of the victim by drinking alcohol and drinking about 30 minutes of drinking alcohol and drinking out about 30 minutes of drinking alcohol; and (b) the victim stated that he did not want the Defendant, but the victim stated that he did not wish to do so.