All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant did not interfere with the business against the decision of provisional disposition No. 2016Kahap 1121 (hereinafter “the instant provisional disposition order”), and even if so, he did not interfere with the business.

Even if the above provisional disposition is based on the invalid administrative vicarious execution disposition, so even if any, the defendant interfered with the business as shown in the facts charged.

Although the defendant's act cannot be seen as a legitimate act, the judgment of the court below which convicted him is erroneous in the misunderstanding of facts and of legal principles.

B. The Prosecutor’s sentence (4 months of imprisonment, 1 year of suspended sentence) is too unhued and unreasonable.

2. Determination

A. We examine the defendant's assertion of mistake of facts, and examine the circumstances revealed by the evidence duly adopted and investigated by the court below and the court below, i.e., the defendant's allegation that the defendant interfered with construction by parking cars as stated in the facts charged (204 pages of investigation records) according to the location where the defendant parked a rocketing car and a page and the construction site status of the road construction site (204 pages of investigation records). ② The decision of provisional disposition of this case is issued on the ground that the defendant cannot be viewed as having possession right or any other legal right that can assert against H corporation as to the land stated in the facts charged. In light of the fact that it is difficult to view the above decision unfair or invalid solely on the ground that the defendant's assertion alone is insufficient to deem it unfair or invalid, it can be recognized that the defendant interfered with construction, such as criminal facts. The above argument

B. We examine the judgment of the defendant's assertion of misunderstanding of the legal principles, and the "act that does not violate the social rules" under Article 20 of the Criminal Act refers to the act that can be accepted in light of the overall spirit of legal order or the social ethics or social norms surrounding it, and any act.