A. In relation to the misunderstanding of facts or legal principles, 1) As to the obstruction of general traffic, the Defendants’ act changed the packaging road of 6 meters wide (hereinafter “the road of this case”) into a non- packing road of 3 meters wide.

Even if the vehicle did not interfere with the passage of the vehicle, it is difficult to conclude that the Defendants’ act constitutes a crime of interference with general traffic.

2) With respect to interference with the business of the Defendants, it is difficult to view that the Defendants’ act constitutes a crime of interference with the business, on the grounds that there was no fact that the Defendants threatened employees, etc. of the golf course operation company in the course of creating a non-packaged road with a width of 3 meters by removing the asphalt package of the instant road.

3) B) Since the instant road site falls under “farmland” as defined in Article 2 subparag. 1 of the Farmland Act, using it as a road falls under “farmland diversion” as defined in Article 2 subparag. 7 of the same Act, and without obtaining permission to divert farmland on the instant road site, the Defendants inevitably removed the surface of the instant road in order to escape criminal punishment under Article 57 of the same Act and inevitably changed into a non-packaged. Therefore, the Defendants’ act should be deemed to be in accordance with the law and the illegality under Article 20 of the Criminal Act.

4) Nevertheless, the court below convicted all the charges of this case. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. Each sentence of the lower court against the illegal Defendants (a fine of KRW 1.5 million against the Defendants) is too unreasonable.

2. Determination

A. We examine the judgment of misunderstanding of the facts or misapprehension of the legal principles, and the Defendants also asserted the same as the grounds for appeal in this part of the judgment below, and the lower court from the first day of the fourth day of the judgment to the 10th day of the judgment.