The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact, misunderstanding of the legal principles, the defendant found the victim in the restaurant operated by the victim as stated in the facts constituting the crime in the judgment below, thereby waiting for the victim. However, the defendant did not interfere with the business as stated in the judgment of the court below.

Even if there was an obstacle to restaurant business by the Defendant, at the time, the Defendant was committed in the process of resisting the victim’s desire to have suffered significant damage, and thus, it constitutes a justifiable act that does not violate the social rules.

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

B. The sentence sentenced by the lower court (700,000 won) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below on the assertion of misunderstanding of facts or misapprehension of legal principles, the defendant can sufficiently recognize the fact that the defendant gets sound in the restaurant operated by the victim and obstructed the operation of the restaurant by approximately 10 minutes.

In addition, according to the records of this case, the defendant and the victim are neighboring ones, and there was a dispute over the matter of waste discharged from the victim's restaurant. At the time of this case, the defendant visited the restaurant to resist the victim's abusive view from the injured party during the dispute between the victim and the telephone due to the above waste problem, but it is acknowledged that the defendant visited the restaurant to resist it. However, considering the circumstances acknowledged by the evidence of this case at the time of the crime, the contents and degree of the obstruction of business, the defendant's act goes beyond the degree of reasonableness under the social norms,

Therefore, the defendant's mistake of facts or misapprehension of legal principles is without merit.

B. Determination of the unfair argument of sentencing is made.