All appeals by the Defendants are dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles 1) Defendant B’s new construction work in Seogsan City G (hereinafter “instant construction work”) through normal procedures, such as holding access tickets and recognizing access tickets at the entrance.

(2) The Defendants did not have any structure that can be assessed as a building except the site office and guard room at the construction site of this case, and the purpose was to enter the petroleum refining equipment (CCR) that could not be assessed as a building (hereinafter “the instant chemical”) and actually went into the instant construction site after entering the instant construction site.

Therefore, the Defendants’ act of entering the construction site of this case does not constitute “influence” in the crime of intrusion upon a structure.

3) The Defendants exercised the freedom of expression and the right to organize under the Constitution; the Defendants posted a banner on the top of the instant building, and did not act to exercise physical power or damage facilities to others; and the instant construction is referred to as the “the instant union building” (hereinafter referred to as the “instant union building”).

Considering the fact that the construction was suspended due to a legitimate full-scale strike, the Defendants cannot be deemed to have interfered with the instant construction work, and the act of farming up on the other side of the instant case does not constitute “defensive force” under the crime of interference with business. However, the lower court’s decision on unfair sentencing (Defendant A: imprisonment of June, suspended execution of two years, and Defendant B: fine of two million won is too unreasonable.

2. Determination

A. In the case of entering a structure managed by the judgment of the first person on the allegation of misunderstanding of facts and misapprehension of the legal principles against the explicit or implied intent of the manager, the crime of intrusion upon the structure is committed.