The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In order to prevent the N from exercising the N’s duties registered as a representative of the Cdisabled Association (hereinafter “Association of Disabled Persons”) and to register L as an acting representative, the Defendant entered the Defendant as a representative, accompanied thereby, and changed the official seal, seal and corporate identification card of the Association of Disabled Persons, and there is no intention to interfere with business.

B. The lower court’s sentence of unreasonable sentencing (7 million won of fine) is too unreasonable.

2. Determination

A. The crime of interference with business under Article 314(1) of the Criminal Act regarding the assertion of mistake of facts and misapprehension of legal principles is established when a person interferes with another’s business by deceptive means or by force. The term “defensive force” includes not only assault and threat, but also pressure by social, economic, political status and right, etc. as all tangible and intangible forces capable of suppressing and mixing a person’s free will. Even if such power does not necessarily have to be directly imposed on a person engaged in a business, it includes a certain physical state, which makes the person freely and normally unable or considerably difficult to perform his/her duties (see Supreme Court Decision 2011Do7943, May 24, 2012). Meanwhile, in establishing the crime of interference with business, it is sufficient that the result of interference with business should actually occur, but there is a risk of causing interference with business.

(See Supreme Court Decision 91Do3044 Decided April 10, 1992, etc.). On March 4, 2013, N filed an application against the Defendant for a provisional disposition of suspension of performance of duties under the Gwangju District Court 2013Kahap193 against the Defendant on March 4, 2013, and the said court against the Disabled Association until the Gwangju District Court 2013Kahap2018 rendered a final judgment on the merits of the claim for confirmation of invalidity of the election.