The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

1. Summary of grounds for appeal;

A. Fact misunderstanding 1) The Defendant prevents the entrance of a construction site from exercising the right of retention, which is a legitimate exercise of the right of retention.

2) Even if the lien has ceased to exist, the entrance is prevented to receive the unpaid construction cost, so it constitutes a justifiable act under Article 20 of the Criminal Act.

3) Three entrances were installed at the instant construction site, and even if the Defendant prevented one of them, it does not constitute a crime of interference with business.

4) The Defendant: “whether or not the Defendant moves assets in the form of a knife with knife to the knife article.”

“There is no accusation.”

B. The sentence of the lower court (an amount of KRW 800,000) that is unfair in sentencing is too unreasonable.

2. Determination

A. Determination 1 as to the assertion of mistake of facts) The right of retention is extinguished due to the loss of possession (see Article 328 of the Civil Act). (B) According to the statement by the witnessO of the trial witness of the party, the defendant was unable to receive the payment of construction cost, and the fact that the defendant himself was dismissed at the construction site.

C) The Defendant, as a lien, has occupied the construction site of this case.

Even if the defendant's lien was extinguished as long as the possession was lost by cutting and cutting down at the construction site.

It is reasonable to view it.

D) Therefore, the defendant's above assertion is without merit.

2) Determination as to the assertion that an act is a justifiable act for the payment of unpaid construction cost. "act that does not violate the social rules" under Article 20 of the Criminal Act refers to an act that is acceptable in light of the overall spirit of legal order or the social ethics or social norms surrounding it, and whether a certain act is justified as a justifiable act that does not violate the social rules should be determined individually under specific circumstances, and as such, it should be determined individually by examining the legality of the act.