Defendant

All appeals filed against the defendant A and the prosecutor B are dismissed.

1. Summary of grounds for appeal;

A. Defendant A’s assertion of misunderstanding of facts or misapprehension of legal principles did not seem to have expressed any desire as stated in the facts charged, and there was little concern for resistance at the level of resistance, but it did not constitute a threat of force on the crime of interference with business.

In addition, since the duties of the Korea Labor Welfare Corporation's employees should be viewed as public duties, it shall not be punished for the crime of interference

B. According to the evidence submitted by the Prosecutor of the misunderstanding of facts as to Defendant B, it is recognized that Defendant B interfered with his duties by placing the fact at the time and place indicated in the facts charged.

2. The “comforcing force” of the crime of interference with business in determining the mistake of facts or misapprehension of legal principles as to Defendant A’s assertion of interference with business refers to all the forces capable of suppressing and mixing a person’s free will, and is not tangible or intangible. As such, not only violence, intimidation, but also social, economic, political and political status and pressure based on the right and interest, etc. are included therein, and in reality, the victim’s free will is not required to control the victim’s free will. However, it refers to 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 place of the crime, motive and purpose of the crime, number of persons to commit the crime,

(See Supreme Court Decisions 99Do495 delivered on May 28, 199, 2009Do5732 delivered on September 10, 2009, etc.). According to the evidence duly admitted and examined by the court below, D is a specific and consistent statement that “Defendant A attempted to take a photograph while intending to take a bath to himself/herself, and she was disturbed by the fourth floor rehabilitation assistant office of the Seongbuk branch of the Korea Workers’ Compensation & Welfare Service, with great sound,” and according to the voice files of CDs in which the situation at the time was recorded.