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All appeals by the Defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts or misunderstanding of legal principles (as to the crime of interference with business affairs as indicated in the judgment of the court below), the Defendants only attended the general meeting of the association of this case to ask questions on the part of organizing the association of this case, and did not interfere with business affairs as stated in the judgment of the court below. Even if the obstruction of business affairs constitutes interference, the Defendants’ act does not constitute a crime
B. The punishment sentenced by the court below to the defendants (the fine of 3 million won, the fine of 1.5 million won, the fine of 1.5 million won, and the fine of 2 million won) is too unreasonable.
2. Determination
A. In full view of the evidence duly adopted and examined by the court below as to misunderstanding of facts or misapprehension of legal principles, the defendants can sufficiently recognize the fact that the defendants interfere with the legitimate general assembly business of H Housing Reconstruction Project Association by force as stated in Paragraph 1 of the judgment below, and the "act that does not violate social norms" as stipulated in Article 20 of the Criminal Act refers to an act that can be accepted in light of the overall legal order or the social ethics or social norms surrounding it. Thus, a certain act satisfies the requirements such as the motive or legitimacy of the act, the legitimacy of the act, the means or method, the reasonableness of the means or method of the act, the balance between the legal interests and the legal interests of the law and the interests of the law, urgency, and any other means or method other than the act (see, e.g., Supreme Court Decision 2003Do3902, Apr. 13, 2006). Thus, the defendants' act cannot be viewed as a legitimate act in light of the relationship between the emergency countermeasure committee and the association of this case, the circumstances and the type of the defendants.
Ultimately, the court below is justified to find the Defendants guilty of the charge of interfering with the business of this case.