Nevertheless, the judgment of the court below convicting the defendant of the facts charged of this case is erroneous in the misapprehension of legal principles or in the misapprehension of legal principles, which affected

The punishment sentenced by the court below to the defendant is too unreasonable because it is too unreasonable to impose the punishment (3 million won).

The above-mentioned sentence of the court below's judgment against the defendant is too unhued and unfair.

Judgment

The possession of another person in the crime of interference with the exercise of rights under Article 323 of the Criminal Code, which determines the defendant's mistake or misunderstanding of legal principles.

The term "the possession by title" means the possession by the title, that is, the possession by the legitimate cause, and the possession by the transfer security right, etc. is also the same.

According to the evidence duly adopted and examined by the court below, the defendant entered into a security contract for the transfer of pine trees planted on the land owned by the victim between the victim and the victim as stated in the facts constituting the crime in the judgment of the court below, and it can be acknowledged that "the defendant, at the time of selling pine trees, entered into a contract with the victim in advance and deposited in full the rent with the victim, and then dispatched so far after paying the rent in advance, and the defendant shall not sell it solely." Thus, even if the above secured pine trees are owned by the principal, the defendant cannot do so without complying with the procedure set forth in the security contract.

Nevertheless, the defendant did not notify the victim of the above procedure in advance, and sold 13 pine trees, which are part of the above transfer security object, by digging out and selling them. This is the same.