The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Oil Construction Co., Ltd. (hereinafter “Ampi Construction”) was performing the construction of an officetel 1,001 (hereinafter “the instant officetel”) regardless of the intent of the Defendant, the prospective occupants of the Mapo-gu Seoul Metropolitan Government Officetel 1,001 (hereinafter “the instant officetel”), and this constitutes a case where construction exceeds the subcontracted scope from Anampi C&C Co., Ltd. (hereinafter “tompi C&C”), and thus, it constitutes a case where it is an anti-social that is considerably unacceptable for social life due to an excessive degree of illegality.

Therefore, the duties of the oil construction do not constitute “business” subject to protection of the crime of interference with business.

B. In order to suspend the construction of a multi-story that is in progress against the Defendant’s will, the Defendant requires persons from the instant officetel to leave the instant officetel, and the Defendant has installed the number height of the instant officetel, which constitutes a justifiable act that is to protect the Defendant’s property rights.

2. Determination

A. (1) Determination of the misapprehension of the legal principle as to whether the victim’s oil construction work is subject to protection of the crime of interference with business under the Criminal Act on the determination of whether the victim’s oil construction work is subject to protection of the crime of interference with business is an occupation or continuous work, or a work or business engaged in such work is worthy of protection from infringement by another person’s unlawful act. Since such work is not necessarily required to be lawful or valid, the determination of whether the work is a legally protected duty is based on whether the work is actually peaceful and serves as a foundation for social activities, and there are substantive or procedural defects in the process

Even if it does not reach the degree of social life, it is so far as it does not have to undergo an equivalent evaluation in terms of legal protection.