The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The road construction of the victim’s victim’s misunderstanding of facts or misunderstanding of legal principles (hereinafter “instant construction”) is a criminal act that obstructs the business of a restaurant operated by the Defendant’s parents, and does not constitute a business subject to protection of interference with business under the Criminal Act.

In addition, the defendant's act of preventing the construction of this case constitutes a legitimate act or self-help act.

B. The punishment of the lower judgment that was unfair in sentencing (700,000 won) is too unreasonable.

2. Determination as to the misapprehension of facts or misapprehension of legal principles

A. Whether a damaged person’s work constitutes a business subject to the protection of interference with business under the Criminal Act is exempted from an occupation or a business engaged in continuously and continuously, which is worth protecting under the Criminal Act. It does not necessarily mean that the basis of the business is lawful unless a certain business or activity itself has a reflective sociality to the extent that it is considerably unacceptable in social life due to the heavy degree of illegality (see, e.g., Supreme Court Decision 2006Do382, Mar. 9, 2006). According to evidence duly adopted and investigated by the court below, it is acknowledged that the parent of the defendant received a provisional disposition of interference with passage prohibition (Seoul District Court Decision 2015Kahap172, Oct. 26, 2015) against the injured person, etc. to remove the result of the instant construction project, and that the victim’s parent’s operation through the instant construction has been clearly disturbed (No. 136, Dec. 13, 2015).

However, in a case where a certain business is not subject to protection of interference with business with sociality, which is so anti-social as to be remarkably unacceptable, is an act which is prohibited by law and is subject to criminal punishment.