The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 700,000.

The above fine shall not be paid by the defendant.

1. The gist of the grounds for appeal is that the Defendant is seated in front of the building located in Eunpyeong-gu Seoul Metropolitan Government (hereinafter “instant building”) so as to prevent the injured party from carrying out construction works constitutes a crime of interference with business.

Nevertheless, the court below erred by erroneous determination of innocence on the ground that the defendant's act did not exercise the victim's free will, in light of the fact that the victim did not exercise the victim's right to freedom in light of the fact that the victim did not exercise the victim's right to freedom, by suspending the follow-up construction work at the end of the defendant who asserts the settlement of construction costs.

2. Determination

A. The summary of the facts charged is that the Defendant: (a) as a construction business entity B; (b) as the owner of the building of the instant building; and (c) from October 15, 2015 to November 5, 2015, performed construction by concluding a construction contract for the interior of the instant building.

However, during the construction period, the Defendant unilaterally suspended the construction due to frequent dangers caused by D and building materials, and D concluded a re-contract with the victim E (52) who is a new construction business entity, to continue construction works on November 6, 2015.

On November 6, 2015, the Defendant, with the knowledge of this fact, obstructed the progress of construction, such as: (a) around November 6, 2015, the Defendant: (b) parked his Fsch Rexton vehicle at the entrance of the above building before the entrance of the building; and (c) prevented the victim from entering the equipment for construction; and (d) obstructed the progress of construction.

Accordingly, the defendant interfered with the victim's work for about two hours.

B. (1) Determination of the Criminal Act refers to any force that may cause confusion with the free will of a person. It is necessary to include not only the intimidation, but also social, economic, political status, and pressure based on the right and interest. In reality, it is necessary to control the victim’s free will.