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All appeals by the Defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Fact-finding defendants had been already interrupted at the time of preventing the construction site of this case due to steel and franchising, and thus, the Defendants’ act did not result in interference with the business of the victims or resulting in the risk.
As the Defendants occupied the instant construction site at around 9:00 a.m., the Defendants were in possession of the said construction site at around 9:0 p.m., the said news was G (the supervisor at the construction site of this case) around the time when F (victim) was closed, and reported 112 at the construction site of this case, and the construction itself was already suspended.
B. misunderstanding of legal principles 1) Although the Defendants had set the entrance door by using a crypt, etc., the Defendants secured a basic passage through which people can pass through the middle, and the entrance to the building itself does not completely shut down. Therefore, it does not constitute a threat of interference with business.
2) The Defendants, who did not receive the construction cost of KRW 200 million, started with lawful possession, such as setting up a flock card to inform the outside of the wall and the right of retention, and came to exercise the right of retention. As such, the Defendants’ act is a legitimate act as stipulated in Article 20 of the Criminal Act, and is thus dismissed from illegality.
2. Determination
A. As to the assertion of mistake of facts, the statement made by the witness J at the court of original instance as to the point where the Defendants had been already interrupted at the construction site of this case at the time of the establishment of a fry, etc., and the statement at the court of original instance by J as to when the construction was interrupted, and the answer: On or after May 3, 200, the notice was received by the witness, only 10 million won was given to the landscaping company, and the F demanded the landscaping company to pay down payment and KRW 13 million additionally.
I tried to do.
The landscaping was also suspended due to the failure of the money.
May. The time shall be five months.