The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Fact-misunderstanding Defendant did not bring some of the materials to G land at Jeju City (hereinafter “instant land”) owned by the victim, but merely did not bring about the fact after the completion of construction of a mold, among underground warehouse construction works on the instant land, while carrying out the mold construction.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous by mistake.

B. In light of the legal principles, the Defendant had a lien on underground warehouses newly constructed on the instant land (hereinafter “the instant building”), and thus, the Defendant’s act constitutes a justifiable act that does not contravene the social norms.

Nevertheless, the lower judgment that found the Defendant guilty of the facts charged of this case erred by misapprehending the legal doctrine.

[On the other hand, the defendant's defense counsel asserts that the victim's business subject to protection of obstruction of business is nonexistent through the submission of evidence on March 23, 2017, the attorney's written opinion on April 24, 2017, and the summary of the oral argument on August 1, 2017.

However, this cannot be deemed a legitimate ground for appeal since it was newly raised after the lapse of the period for appeal, and even if ex officio examination is conducted, the following facts and circumstances acknowledged by the court below and the evidence duly admitted and examined by the court below and the court below, i.e., ① the victim was unable to perform all other construction works due to the lack of construction materials by the investigative agency.

“In the trial court of the first instance (the 13th page of the investigation record), the “windry construction and entrance construction after the mold construction was sought,” and the access road was forced to be obstructed.

The defendant Indian investigative agency testified that "if construction materials are stored, the victim shall immediately complete the construction, and if so, he/she shall not receive the construction cost."

“In the instant case, the fact that the Defendant stated in the lower court (28,53 pages), 2.