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The judgment below
The part against the defendant shall be reversed.
The sentence of sentence shall be suspended for the defendant.
Reasons
1. Summary of grounds for appeal;
A. The Defendant, at the time of the instant case, misunderstanding of facts and misunderstanding of legal principles, putting shoulder belts with members of the health clubs, stating “H” as a hotel (hereinafter “the instant hotel”), and immediately going to a health club on the third floor of the elevator and immediately going to a health club on the third floor as stated in the facts charged, and there was no fact that some of the members of the health clubs left the hotel at their own expense and met it, and there was no fact that they did not remove hotel expenses or take relief as stated in the facts charged.
Therefore, the above act of the defendant does not constitute force in the crime of interference with business, and even though the defendant did not have an intention to interfere with business, the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.
B. The sentencing of the lower court (the suspended sentence on one million won of a fine) is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the prosecutor applied for changes in the indictment of this case as stated in the following facts charged at the trial of the court below. Since this court permitted this, the judgment of the court below is no longer maintained in this respect.
However, the defendant's assertion of misunderstanding of facts and misunderstanding of legal principles is still subject to the judgment of the court, which will be examined below in relation to the above ex officio reversal.
3. Judgment on misconception of facts and misapprehension of legal principles
A. The term “comfort force” in the crime of interference with business is all force capable of suppressing and mixing a person’s free will, and is not tangible, intangible, or intangible. As such, the crime of intimidation, as well as pressure by social, economic, political status, and right.