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The prosecutor's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The lower court acquitted the Defendant of this part of the facts charged on the ground that, inasmuch as the fact that the Defendant, by misunderstanding of facts and misunderstanding of legal principles, had a fence installed at the vicinity of the building in which the J clans' clans (hereinafter “instant clans”) and the entrance of the mountain, had obstructed the religious services of K et al., which caused the said clans, it could not be deemed that the said activities could not interfere with the religious services of K et al., on the ground that there was any danger that the said activities
B. The lower court’s sentence of unreasonable sentencing (the KRW 500,000,000,000,000) is too minor.
2. Determination
A. The crime of interference with business regarding the assertion of mistake of facts and misapprehension of legal principles is not tangible or intangible as a means of suppression or confusion of a person’s free will. As such, not only violence, intimidation, but also social, economic, political status and pressure by royalty are included therein, and even if it is made through a third party other than the victim, there is no superior, and thereby, even if it is not necessary to control the victim’s free will, it should reach the extent that it is considerably difficult to make a free decision or conduct at least, and whether it constitutes force should be determined objectively by taking into account all the circumstances, such as the date and place of crime, motive and purpose, number of persons and acts, type of duties, type of duties, status of the victim, etc.
In addition, as a result of any act, there was an obstacle to the other party's business.
Even if an actor’s legitimate exercise of authority can be seen as a legitimate exercise of authority, barring special circumstances, such as the content, means, etc. of such act cannot be permitted by social norms, it cannot be said that the actor exercised force constituting the crime
(See Supreme Court Decision 201Do16718 Decided February 28, 2013, etc.).