Interference with Business | Received a Suspended Sentence for Interference with Business but Obtained an Acquittal on Appeal

The original trial determined that the duties of the acting officeholder were "the overall management of church operations, including presiding over worship, church administrative management, and convening the session."

However, on the basis that the church was already in a state of separate worship, the criminal law specialist attorney emphasized that the client's act of conducting worship in the main sanctuary on the third floor did not interfere with the acting officeholder's worship but merely constituted a separate religious activity.

The criminal law specialist attorney submitted the judgment in the "case for confirmation of nullity of the expulsion and excommunication disposition," which had been rendered after the provisional injunction to suspend performance of duties, and presented as grounds the point that the court had ruled that "even if the subject of worship differs, separate worship should be permitted as long as the act of faith itself does not directly interfere with the other party's duties."

In other words, the attorney argued that the client's act of worship was not interference with business but conduct within the scope of religious freedom.

At the time, the church was split into a supporting faction and an opposing faction, and the confrontation was severe enough that physical clashes occurred.

The criminal law specialist attorney argued, "The separate worship was an unavoidable measure to minimize confrontation and to guarantee freedom of faith, and this constitutes a justifiable act under generally accepted social norms."

The criminal law specialist attorney pointed out that the original trial's interpretation of the acting officeholder's 'authority over the duties of senior pastor' was excessively comprehensive, and that viewing all of the client's worship activities as interference with business was a misunderstanding of the legal principles regarding the scope of duties.

The purport was that the worship on the third floor of the church was entirely different in time and place from the acting officeholder's sermon, and therefore could not be regarded as infringing upon freedom of worship or interfering with duties.

Finally, the criminal law specialist attorney argued, "The client's act of merely posting a statement cannot be regarded as having suppressed the other party's performance of duties by force."

The attorney established in detail that expressing a position or conveying the opinions of members falls within the realm of freedom of expression, and that no physical force or coercive act was involved.

Interference with business is established when a person commits an act that interferes with, or risks interfering with, another person's business.

· Elements of the Offense

When you have been wrongfully accused of interference with business, you should keep the following points in mind.

· Confirming the Scope of 'Business'
It is necessary to closely examine whether the business asserted by the other party is in fact subject to legal protection.

· Analyzing the Substance of the 'Act of Interference'
If there was no active act of interference, such as physical force, the exercise of force, or intimidation, it is difficult to establish interference with business.

· Preparing an Appeal Strategy
If an unfavorable judgment was received at the first instance, an appeal should be actively considered on the grounds of a reassessment of the facts, the misunderstanding of legal principles, and the evidence.

In this case, the client was at risk of having a criminal record because the separate worship conducted amid conflict within the church was mistaken for 'interference with business.'

However, through a professional review of the legal principles at the appellate stage, it was recognized that the client's conduct had not directly interfered with the business of the acting senior pastor, and an acquittal was ultimately pronounced.

If you need legal assistance in a situation similar to that of the client, please consider proceeding with a 🔗Legal Consultation Reservation with a Daeryun Law Firm criminal law specialist attorney.