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The prosecutor's appeal is dismissed.
Reasons
1. According to the evidence submitted by the prosecutor of the gist of the grounds for appeal, although the court below found the Defendant guilty of interference with the victim’s restaurant business by avoiding disturbance, such as noise by the victim in the restaurant operated by the victim, the court below found the Defendant not guilty of interference with business. The court below erred by misapprehending the legal principles on interference with business or by misapprehending the legal principles on interference with business.
2. Determination
A. On January 11, 2014, at around 17:20 on January 11, 2014, the Defendant interfered with the victim’s restaurant business by force, namely, “F” restaurant operated by the victim C in Busan-gu, Busan-gu, “F,” and “the victim clocks, dys, dys, and dys, and dys were sold.”
B. The lower court determined that, although there was a statement at the police station of the victim as evidence that corresponds to the obstruction of business among the facts charged in the instant case, the victim made a statement at the court of the lower court, the lower court determined that there was no evidence to acknowledge the obstruction of business among the facts charged in the instant case, in full view of the following facts: (a) the Defendant was two customers at the time of the victim’s escape; (b) the Defendant was in a restaurant for the degree of one to two minutes; (c) the Defendant was in a restaurant; and (d) the Defendant was in the victim’s entrance at the time of the victim’s escape; and (c) the Defendant was not aware of the fact that other customers were allowed to enter the restaurant at the time of the victim’s escape; and (d) the victim was only unable to receive other customers between the police box and the police box.
C. The term “comforcing force” in the Criminal Act of the judgment of the political party refers to all the forces that can suppress and confuse a person’s free will. The term “comforcing force” does not ask either tangible or intangible or intangible, and pressure by social, economic, political status and royalty as well as assault and intimidation.