Defendant shall be punished by a fine of KRW 300,000.

The above fine shall not be paid by the defendant.

A. As to the mistake of facts and obstruction of business by misunderstanding of legal principles, although the defendant had expressed a desire to find the E office, there is no other act as stated in the facts constituting the crime in the decision of the court below, nor there is no fact that he interfered with business.

As to the damage of property, because E has the key to the defendant, it is a justifiable act because E has damaged a vehicle owned by the victim.

Nevertheless, the judgment of the court below which found all of the charges of this case guilty is erroneous in the misapprehension of legal principles as to legitimate acts, which affected the conclusion of judgment.

B. The sentence (one million won of fine) imposed by the lower court is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the lower court, including E’s legal statement in the lower court’s determination of mistake of facts, the fact that the Defendant committed the same act as stated in each of the criminal facts of the case 2013DaMa1360 as the lower judgment, thereby obstructing E’s real estate business.

In addition, in relation to the damage of property, the act by law, act by duty, and other acts that do not violate the social norms is a justifiable act, and thus, it is not punishable (Article 20 of the Criminal Act). Even if E brings the key of the defendant, damage of property owned by E does not constitute a justifiable act.

Therefore, the defendant's assertion is without merit.

B. Although the defendant has the same criminal history as the defendant in determining the allegation of unfair sentencing, the fact that the defendant is not good in economic situation as the auditor with hearing disability, and that he/she has no record of punishment exceeding the fine is favorable to the defendant.

Such circumstances, the age, character and conduct, intelligence and environment of the defendant, relationship with the victim, motive, means and consequence of the crime, and circumstances after the crime.