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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. As to the obstruction of Defendant (the judgment of the court below No. 1)’s business by mistake of facts or misapprehension of legal principles, the Defendant left garbage as stated in the facts charged in the instant case, and did not leave the door in the public toilet, and did an act such as melting the hallway, etc. without opening the door from the public toilet, or extinguishing the hallway, etc. with the mind, and it cannot be viewed as “power of force” as referred to in the obstruction of business
B) As to the injury caused by violence, the Defendant did not have assaulted the victim or suffered any injury therefrom.
2) Even if the sentencing is not unfair, the punishment of the first instance judgment decision (the penalty amount to KRW 500,000) is too unreasonable.
B. In light of the fact that the second instance court acquitted the Defendant of all of the violation of the Act on the Guarantee of Basic Living Security (the primary and conjunctive charges), but in relation to the primary facts charged, it should be deemed that the Defendant actually belongs to the building C in the Geum-gu Busan (hereinafter “the instant building”) 101, and that in relation to the preliminary facts charged, even if the status of the beneficiary is not changed depending on whether the change in the financial property was reported, it can be deemed that the Defendant received the benefits without filing a report on significant changes in the financial property itself as illegal supply and demand. In addition, this part of the facts charged is sufficiently recognized.
Therefore, the judgment of the court below 2 is erroneous in the misapprehension of legal principles and the hearing, which affected the conclusion of the judgment.
2. Determination:
A. (1) As to the grounds for appeal by the Defendant’s appeal, as to the obstruction of business by mistake of facts or misapprehension of legal principles (A) as to the obstruction of business, the term “power of force” in the crime of interference with business is all the forces capable of suppressing and confusioning a person’s free will, in a tangible or intangible form, and thus, it does not ask a person’s free will. As such, violence, intimidation, as well as social, economic, political status, and pressure based on the rate of authority are included therein, and in reality, the victim’s free will.