The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 500,000.

The above fine shall not be paid by the defendant.

1. Grounds for appeal;

A. The point of interference with business: Although there was a fact that the victim's restaurant was found, there was no fact that he thrown up the table, and there was no fact that two customers were prepared to leave the table, and there was no fact that he interfered with the restaurant business.

B. The point of defamation: The content of the distributed printed materials is true, and since the victim threatened and threatened the defendant by taking advantage of the position of the J adviser of the Yongsan Police Station, the victim committed the above act to inform and request assistance from the defendant. Therefore, there was no intention of defamation.

2. Determination

A. As to the obstruction of business, force, which is a means of interference with business, refers to any means of suppression or confusion of a person’s free will, which may include indirect exercise of a third party’s free will.

However, as a result of any act, there was an obstacle to the other party's business.

Even if it can be deemed that an actor exercises legitimate authority, barring special circumstances, such as the content, means, etc. of an act cannot be permitted by social norms, it cannot be deemed that the actor exercises force constituting the crime of interference with business.

1) According to the evidence duly adopted and examined in the court below and the court below, the defendant claimed that the defendant found the victim's restaurant in order to receive 3.5 million won of the unpaid price for delivered goods in carpets around 13:45 on December 10, 2010, and that the restaurant was in operation at the time, and there was a guest among the meals (2 the defendant, the victim, and the witness).

At the time, the victim was in the K nearby Carpet event with his employees contact with L at around 13:50, the victim returned to the restaurant A, Yongsan-gu Seoul Metropolitan Government, and reported at around 14:54 and around 112 on the same day, and the police officer called up at around 14:57 on the same day, and the defendant called up between 14:35 and 14:57 on the same day.