권리행사방해
The defendant's appeal is dismissed.
1. Grounds for appeal;
A. The act that the Defendant, by misapprehending the legal principles, removed the number plate of the instant vehicle constitutes a justifiable act.
B. The lower court’s sentence of unreasonable sentencing (one million won of fine) is too unreasonable.
2. Determination
A. As to the assertion of misapprehension of the legal doctrine, the Defendant asserted the same as in the trial court, and the lower court, based on the evidence duly admitted and investigated, found the Defendant guilty of the instant facts charged on the ground that the act of removing the number plate of the instant vehicle does not constitute a justifiable act.
Examining the above judgment of the court below after comparing it with the records, the judgment of the court below is just and it cannot be said that there is an error of law by misunderstanding legal principles as alleged by the defendant.
B. According to the instant argument and record on the assertion of unfair sentencing, the lower court appears to have made an adequate decision by fully considering the grounds for sentencing alleged by the Defendant, and there is no special circumstance to ex post facto change the sentencing.
3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.