업무방해등
All appeals by the Defendants are dismissed.
1. The summary of the grounds for appeal (in fact-finding or misapprehension of legal principles) is that the victim H Co., Ltd. (hereinafter “victim Co., Ltd.”) without permission from the original competent authority (hereinafter “F”), carried out construction works and laid sewage treatment in an area of “F”, which is not the area permitted by the original competent authority, and thus, the Defendants cannot be deemed to have interfered with or damaged the business of the victim Co., Ltd. under the Criminal Act even if the victim Co., Ltd.
Even if it is not so, the Defendants’ act constitutes legitimate act of self-defense or legitimate act as an inevitable measure to prevent the victim’s act of invasion of undue boundaries.
Nevertheless, the court below erred by misunderstanding the facts charged against the Defendants or misunderstanding the legal principles.
2. Determination
A. According to the evidence duly admitted and examined by the lower court, the following facts are acknowledged in view of the crime of interference with business and damage to property. ① The victim company obtained permission to occupy and use a road (G) from the head of Ulsan-gun, Ulsan-gun, Seoul Special Metropolitan City on November 29, 2013, using the location of the land to be occupied and used as “the road site (G)” and the purpose of the occupancy as “the connection construction of an apartment wastewater to the head of the Igsan-gun, Ulsan-gun, Seoul Special Metropolitan City.” ② On December 4, 2013, the head of the Ulsan-si Special Metropolitan City, the head of the Ulsan Special Metropolitan City, the head of the Si/Gun announced the victim company to grant permission to install sewage pipes to connect the head of Ulsan-gun, the head of the Si/Gun, the head of Ulsan-gun, the head of the Si/Gun, the head of the Si/Gun, the head of the Si/Gun, and the head of the association or the head of the association or the head of the association (hereinafter referred to the above land).