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All appeals by the Defendants and the Prosecutor are dismissed.
Reasons
1. Judgment on the defendants' appeal
A. The summary of the grounds of appeal 1) Although the defendants' act of the defendants, who committed a smokestack listed in the factory's misapprehension of legal principles as to interference with the business against the defendants, did not constitute force on the crime of interference with business, the court below which found the defendants guilty of the crime of interference with business is erroneous in the misapprehension of legal principles. 2) Whether the defendants' act was erroneous in the misapprehension of legal principles as to the violation of the Punishment of Violences, etc. Act (a misunderstanding of facts and misapprehension of legal principles as to the violation of each Act on the Punishment of Violences, etc. (a collective, deadly weapons, etc.) against the defendants B does not constitute a dangerous object. (b) The defendants' intimidation against the victim L did not constitute a vinyl, and the above victims received a warning that they did not have access to it.
In addition, the part of intimidation against the victim M is limited to the length of 50 to 60 cm at the time, and it is not against the above victim, and there were many victims at the time.
Therefore, the defendant's act against the victims does not constitute intimidation in the crime of intimidation.
C) Therefore, the court below found the above defendant guilty of violation of the Punishment of Violences, etc. Act (collective, deadly weapons, etc.) and erroneous determination of facts and misapprehension of legal principles in the judgment of the court below which found the above defendant guilty. 3) The sentence of unfair sentencing (the fine of 3 million won against the defendant A and the suspended sentence of 2 years against the defendant B) is too unreasonable.
B. The crime of interference with business regarding the argument about interference with each business of the judgment 1 is established when a person interferes with the business of the person by deceptive means or by force. Here, “comfort force” includes not only assault and intimidation but also pressure based on social, economic, political status and royalty with all tangible and intangible force that may cause a person to control and confuse his/her free will, and it must be directly included in the person engaged in the business.