The defendant shall be innocent.

1. Around 07:00 on July 3, 2015, the Defendant obstructed the gathering of earth and sand in the construction site by exercising power, such as exerting force, where the victim D was engaged in gathering earth and sand by using equipment and facilities, and where the victim D was so in the process of gathering earth and sand.

2. Determination

A. The threat of force of the crime of interference with business under Article 314(1) of the Criminal Act is all force capable of suppressing and mixing a person’s free will. As such, the crime of interference with business cannot be deemed to be established unless there are special circumstances where the victim, who is not the other party to the exercise of such power, directly suffers the possibility of suppressing the victim’s free will, and thus, the crime of interference with business is established. Thus, whether there is a possibility of directly suppressing the victim’s free will, by exercising force against a third party, should be determined by taking into account the intent or purpose of exercising such power, the purpose of exercising force against a third party; social, economic, political status and right; pressure by social, economic, political status and royalty (see, e.g., Supreme Court Decision 2003Do5004, Mar. 25, 2005).

(See Supreme Court Decision 2010Do410 Decided March 14, 2013, etc.). B.

In the case of this case, the evidence duly adopted and examined by the court is ①.