The judgment of the court below is reversed.

The sentence against the accused shall be determined by a fine of one million won.

Defendant. A fine.

1. Summary of grounds for appeal;

A. The attitude of the act as stated in the facts charged by the Defendant does not constitute “defensive force” under the crime of interference with business.

B. The lower court’s sentence of unreasonable sentencing is too unreasonable.

2. Determination

A. In the crime of interference with business in determining the misapprehension of the legal doctrine’s assertion, force is all the power that may cause a person to suppress and mixed his/her free will, and is not charged with either tangible or intangible, and thus is included in the crime of assault, intimidation as well as social, economic, political status, and pressure by the royalty.

(대법원 2005. 3. 25. 선고 2003도5004 판결 등 참조). 이 사건에 관하여 보건대, 원심이 적법하게 채택하여 조사한 증거들에 의하면, 피고인은 피해자가 운영하는 식당에서 손님 등 7~8명이 듣고 있는 가운데 약 25분간 큰 소리로 “썅년, 씨팔년, 개같은 년, 좆같은 년”이라고 수차례 욕설을 하였고, 피해자는 그로 인하여 음식을 제대로 만들 수가 없었으며, 피해자의 신고로 출동한 경찰관들의 제지에도 불구하고 피고인은 계속하여 피해자에게 고성으로 욕설하고 식당 손님을 쫓아버리는 행동을 하여, 결국 현행범인으로 체포되기까지 하였다.

It is reasonable to view that the Defendant’s act constitutes force in the crime of interference with business.

(Supreme Court Decision 82Do2584 delivered on October 11, 1983, which is alleged by the defendant, is not appropriate to invoke the case differently from this case). This part of the defendant's assertion is not accepted.

B. The Defendant did not agree with the victim in an appellate trial on the assertion of unfair sentencing and did not have any record of criminal punishment.

In addition, considering the motive and background of the instant case, the sentencing of the lower court is deemed to be too unreasonable, considering the various sentencing factors revealed in the proceedings of the instant case, such as the Defendant’s age, occupation, environment, and family relationship.