The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant’s act of mistake of facts in this case was lawfully exercised the right of retention in order to pay the construction cost when E Co., Ltd. (hereinafter “Co., Ltd.”) remains after completion of the instant construction. However, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment, which found guilty of each of the instant acts as to the violation of the Punishment of Violences, etc. Act (joint conflict), interference with business, and defamation.

B. In light of the legal principles, the Defendant’s act of occupying the site of the instant construction and posting banner all constitutes a mutually competitive relationship between the Defendant and the Defendant’s act of attacking the victim H, and both constitutes a violation of the Punishment of Violences, etc. Act (joint conflict), the crime of interference with business, and the crime of defamation.

Meanwhile, on April 26, 2011, the Defendant was sentenced to a fine of KRW 500,000 on the charge that “the Defendant conspired with B and C on July 28, 2010, mobilized several partners of the instant construction site to prevent the Defendant from entering the construction site and interfered with the damaged company’s construction business by force by force by occupying the construction site of the said H, etc. on the grounds of the failure to pay additional construction costs at the construction site of the instant construction site,” and the said judgment became final and conclusive on May 4, 2011. Since the Defendant continuously occupied the said construction site from May 18, 2010 to August 5, 201, the Defendant’s each act of the instant case and the criminal facts of the final judgment constitute the same act in light of the date and place of the crime, the attitude of the act, and the protected legal interests and interests, etc., and thus, the judgment of the court below convicting the Defendant by misapprehending the legal principles that affected the conclusion of the judgment.

2. Determination

A. The following circumstances are acknowledged based on the evidence duly adopted and examined by the lower court and the first instance court on the assertion of mistake of facts.