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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Although the Defendant, as stated in paragraph 1 of the instant facts charged, was able to call the victim’s multiples, the Defendant had no intention to interfere with his/her duties, as stated in paragraph 2 of the instant facts charged, although there was a fact that he/she was found in the victim’s multiples as stated in paragraph 2 of the instant facts charged, but did not interfere with his/her duties as stated in this part.
Nevertheless, the court below found the defendant guilty of the facts charged. The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.
B. The sentence sentenced by the lower court to the Defendant (an amount of KRW 3 million) is too unreasonable.
2. Determination:
A. 1) With respect to the assertion of mistake of fact, "power of force" means any force that may lead to pressure and confusion with a free will of a person, and is not tangible or intangible or intangible, and includes not only assault and intimidation, but also pressure by social, economic, political status, and royalty, etc. In reality, the victim's will of freedom is not restricted by force (see Supreme Court Decision 95Do1589 delivered on October 12, 1995), and it is sufficient if the establishment of a crime of interference with business does not require the actual occurrence of the result of interference with business, but there is a risk of causing the interference with business (see Supreme Court Decision 91Do944 delivered on June 28, 191, etc.). In addition, it is sufficient to examine the following factors:
However, a total of 839 calls for a period of less than 2 months is the act of collecting claims beyond the permissible limit under social norms, and it is not directly calls to C, and ② during the business hours of the victim by the Defendant’s telephone.