The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

The main point of the grounds of appeal is that the construction of one-time temporary partitions by the victim cannot be deemed as a work or business that continues to be engaged in on the basis of an occupation or social status, and it cannot be deemed as an incidental business that is closely related to the new construction of the instant multi-family house by the victim, and thus, it does not constitute “business” under the crime of interference

Even if the Defendant, in his hand, committed an act of cutting steel pipe and cutting down, such an act does not constitute “defensive force” in the crime of interference with business.

Even if the Defendant’s act constitutes a constituent element of the crime of interference with business, the Defendant’s act constitutes self-defense, legitimate act, or emergency evacuation, and thus, tried to install a temporary partitions to remove iron stairs, the only passage to the second floor in which the Defendant’s and his family members reside (hereinafter “the instant steel stairs”). As the Defendant prevented installation of the victim’s temporary partitions in order to defend unjust infringement on the life, body, residence, and property of the Defendant and his family members, the Defendant’s act constitutes self-defense, legitimate act, or emergency evacuation.

On January 2018, the Defendant, among the construction works for the construction of the Jongno-gu Seoul Metropolitan Government building B building, was dissatisfied with the issue of arbitrarily removing the iron gate used by the Defendant by the victim C, the owner of the building. On April 2018, the Defendant was willing to prevent the installation of partitions by the parts of the construction site in the perception that the victim installed the temporary partitions around the construction site and obstructed traffic.

On April 12, 2018, the Defendant, at around 12:30, obstructed the victim’s work by force for about 30 minutes in the course of construction in order to construct temporary partitions on the grounds that the passage in front of Jongno-gu Seoul Metropolitan Government is obstructed on the front of the Jongno-gu Seoul Road.

The lower court’s judgment is as follows.