업무방해
The prosecutor's appeal is dismissed.
1. As to interference with each business on February 18, 2018 and February 20, 2018, the prosecutor of the gist of the grounds for appeal: (a) after the commencement of the instant construction project, the dispute over the design has persisted for a considerable period; and (b) the victim continued to do so; (c) As such, the Defendant interfered with the construction work of a person who has suffered damage by means of self-help by exercising power, instead of making it possible for the Defendant to apply for a disposition of land price during the construction project or to cancel the instant construction contract
Nevertheless, the judgment of the court below which acquitted the Defendant of this part of the charges on the ground that the Defendant’s obstruction of business on February 18, 2016 and February 20, 2018 constituted a justifiable act, is erroneous in the misapprehension of legal principles.
2. The lower court determined as follows: (a) the Defendant, who is a contractor, may demand correction of the part inappropriate for the design among the construction works performed in accordance with the contract to the contractor, and the victim shall comply with it without delay; (b) the victim had already completed the basic construction works on February 17, 2016 at the time of receiving a certificate of completion of construction works; (c) the Defendant requested supervision from the principal supervisor E of the basic construction works on February 17, 2016 to request supervision on the same ground; (d) the Defendant requested suspension of the construction works for the following construction works; and (e) the victim failed to comply with the request to suspend the construction of ready-mixed and supervision on the part, which is the next construction work; (e) the victim failed to comply with the request by the victim on February 18, 2016, and (e) the victim failed to perform the construction works on the part of the basic construction works; and (e) the victim failed to perform the construction works on the part of the victim on February 21, 2016.