The defendant's appeal is dismissed.

1. The lower court found the Defendant not guilty of interference with the business among the facts charged in the instant case, and sentenced a fine of KRW 1,500,000 to be convicted of all of the facts charged.

As to this, only the Defendant appealed on the ground of the misapprehension of the legal principle as to the guilty portion, the acquittal portion in the judgment of the court below was separated from the Do of appeal period.

Therefore, the scope of the judgment of the court shall be limited to the conviction part of the judgment below.

2. Summary of grounds for appeal: misunderstanding of legal principles

A. Of the facts charged in the instant case, the fact that the Defendant followed the receipt and delivery of a house is recognized.

However, since the victim's survey is conducted first on the part of the victim and used the bean in the part of the defendant's side, the defendant's act is a legitimate act because it was damaged by the method that the defendant takes a house in the victim's heart.

B. Of the facts charged in the instant case, the victim, first of all, thrown away sewage holes between D & 674 square meters (hereinafter “victim’s land”) in Jinjin-si and B & 499 square meters (hereinafter “Defendant’s land”) owned by the Defendant with respect to the violation of boundary, and caused the Defendant to arbitrarily create dry field ditches in the victim’s land to restore the sewage hole, which is the existing boundary, to its original state.

Therefore, the defendant's act does not constitute a constituent element of a crime of aggression or constitutes a justifiable act.

3. Determination

A. Whether illegality is excluded as a legitimate act of the relevant legal principles must be determined reasonably according to the specific act. The legitimacy of the motive or purpose of the act is justifiable; second, the reasonableness of the means or method of the act; third, the balance between the protected interest and the infringed interest; fourth, the urgency fifth.