일반교통방해등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. misunderstanding of facts and misapprehension of legal principles 1) The Defendant who damaged property was removed existing buildings and structures on the land owned by the Defendant, and did not ordered E to remove the wooden buildings outside the Defendant’s possession, and the removal of the above wooden buildings was conducted with the consent of C.
Therefore, it is not possible to recognize the defendant's intention of damaging property.
2) In general, the Defendant: (a) closed an existing road with the consent of village residents at the high-pollution cycle of alternative roads; and (b) with the consent of village residents.
In the process of creating a substitute road, it is difficult for village residents to use it as a road due to the high slope.
Although it is intended to change the road line type so that it can be a smooth slope by raising a problem, it is not possible for village residents to create a substitute road because they did not obtain the consent of the owners around the road.
Therefore, it is not possible to recognize the defendant's intention to obstruct general traffic.
B. The punishment of the lower court (an amount of five million won) that is unfair in sentencing is too unreasonable.
2. Determination on the misapprehension of facts and misapprehension of legal principles
A. 1) As to the damage to property, the lower court also asserted the same purport as the grounds for appeal.
In regard to this, the lower court, in full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, found the Defendant’s intentional act of damaging property and the illegality of such act is not dismissed.
In light of the facts charged, this part of the charges was convicted.
The Defendant sought to create a site on the land he purchased, and was in a neighboring site;
C In order to remove a wooden building up to C, the Defendant: (a) caused C to remove the slate of the above wooden building by a non-person removing the wooden building; and (b) thereafter, C to remove the slate of the above wooden building; and (c) thereafter, C to the Defendant.