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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts and legal principles: (1) The victim’s business is not subject to criminal punishment; (2) the relationship between the defendant and the victim was already dissolved before the occurrence of the instant case; and (3) the defendant’s act was likely to obstruct the victim’s business.
(4) The Defendant’s act does not constitute a threat of force, and (5) The Defendant’s act does not violate the social rules.
B. The punishment sentenced by the lower court (one million won in penalty) is too unreasonable.
2. Determination
A. The lower court found the Defendant guilty of the facts charged in this case by comprehensively taking account of the circumstances acknowledged by the evidence duly admitted and investigated by the court below’s determination as to misunderstanding of the facts and misapprehension of the legal principles. In addition to the circumstances such as the statements and other circumstances acknowledged by the evidence above, the lower court’s determination as above is correct, and contrary to this part of the Defendant’s assertion, there were errors in the misapprehension of the legal principles or misapprehension of
subsection (b) of this section.
① Inasmuch as the Defendant registered the establishment of the instant brokerage office with the victim, the mere fact that the victim, who is qualified as a certified brokerage, runs the brokerage business without registering the establishment of a separate brokerage office, cannot be deemed to have reached the victim’s business to have reached an anti-sociality.
In addition, in relation to the operation of the instant brokerage office, the Defendant used the position of “representative,” and the victim uses the position of “Director,” and takes into account the contents of mobile phone text messages given and received by the Defendant and the victim, the victim appears to have actually performed his/her duties as “a competent certified broker” under the Authorized Brokerage Act. According to the authorized brokerage law, the competent certified broker is to the registration office.