All appeals filed by the prosecutor against the Defendants are dismissed.

1. Summary of grounds for appeal;

A. Defendant G, without using the employee identification card, the victim, who was a security guard, who was going to go to a factory due to an Otoba without using the employee identification card, demanded the Defendant to stop in the course of demanding the confirmation of the employee identification card, and the Defendant expressed the victim’s desire by “I see why I am to do so. I am to this see. I am going to see. I am to three times the victim’s body on the part of the Defendant. The Defendant’s act constitutes “the force” which is the constituent element of the crime of interference with business, and it cannot be deemed as an act which is reasonable in light of social norms, and thus does not constitute a justifiable act. However, the court below acquitted the Defendant of this part of the facts charged on the ground that the Defendant’s act cannot be deemed as an “deficial force” or constitutes a justifiable act. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. In light of the overall circumstances of the instant case against Defendant A, B, D, and E (e.g., a fine of KRW 3 million, etc., Defendant B: a fine of KRW 4 million, Defendant D: a fine of KRW 5 million, Defendant E: a fine of KRW 7 million, etc.) that the lower court sentenced the Defendants in light of the overall circumstances of the instant case, is unreasonable.

2. Determination

A. In the crime of interference with business against Defendant G, the term “comfort force” refers to all the forces capable of suppressing and mixing a person’s free will (see, e.g., Supreme Court Decisions 2008Do4949, Oct. 23, 2008; 2006Do4740, Oct. 13, 2006). Whether a certain act constitutes a legitimate act as a justifiable cause for excluding illegality should be determined rationally and reasonably depending on specific cases. To be recognized as a justifiable act, the legitimacy of the motive or purpose of the act, the reasonableness of the means or method of the second act, and the third.