The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In light of the fact-misunderstanding or legal principles, the Defendant, on April 15, 2015, set up a cargo vehicle on the access road via F for the operation of the victim, but there is no fact that the container was installed, the Defendant’s act does not constitute a threat of force, and there is no intention to interfere with the Defendant’s business, in view of the fact that the Defendant was parked within the land properly leased.

(2) In addition, the Defendant is aware of illegality as a justifiable act that does not go against social rules and is a legitimate act that sets up a vehicle or pents in order to preserve the legitimate rights under a lease agreement and prevent the deprivation of another’s possession.

(3) Nevertheless, the court below found the Defendant guilty of the facts charged of this case. The court below erred by misapprehending the legal principles, thereby affecting the conclusion of the judgment.

B. Even if the facts charged in this case are found guilty, the sentence imposed by the court below (five million won penalty) is too unreasonable.

2. Determination

A. The “power of force” of the crime of interference with the determination of the allegation that a person does not fall under force and has no intention to interfere with business is all the force that may cause confusion with a person’s free will, and is either tangible or intangible or intangible. As such, intimidation not only includes intimidation, but also social political status and pressure based on the right and interest. In reality, the victim’s free will is not required. However, it refers to the force sufficient to suppress the victim’s free will in light of the offender’s status, number of persons, surrounding circumstances, etc., and thus, constitutes force is objectively determined by taking into account all the circumstances, such as the date and place of the crime, motive and purpose of the crime, number of persons to commit the crime, the form of force, the type of duty, the type of duty, and the status of the victim.