The defendant shall be innocent.

1. On January 23, 2017, the Defendant: (a) around 16:15, the summary of the instant facts charged to female customers E and F, who drink food in any other table without any reason, in a restaurant managed by the victim D, located in Young-gu, Suwon-si C; (b) around January 23, 2017.

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2. Determination

A. The term “power of force” of the crime of interference with business affairs refers to any force that may cause suppression and confusion of a person’s free will. As such, the term “power of force” includes not only violence, intimidation, but also social, economic, political status, pressure by royalty, etc. In reality, the victim’s free will is not required, but also means 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, whether it constitutes force ought to be objectively determined by taking into account all the circumstances, such as the date and time and place of crime, motive, purpose, number of persons, capacity, form of force, type of duty, etc. (see Supreme Court Decision 2010Do9186, Nov. 25, 2010).

In addition, the Defendant only took the aforementioned actions, such as talking in a foreign language, etc., one time, and talking in a foreign language.