A. On June 03, 2015, from 07:30 to 10:00 on the same day, the Defendant interfered with the victim’s work of removing the rocks by force, such as going up on the cirs cutting down on and do not turn off the rocks, to prevent the progress of construction due to damage to his residential buildings due to noise and vibration generation at the construction site adjacent to Yangyang-gun C, Yangyang-gun from June 03, 2015. (2) The Defendant interfered with the victim’s work of removing the rocks by force from June 13:30 to 14:20 of the same day from June 13:3, 2015. (3) In order to prevent the progress of construction on the ground that noise and vibration generation causes damage to his residential building due to noise and vibration generation, it is expected before the excavation date intended to carry out the cancer removal work, and thus, it does not interfere with the victim’s work of removing the rocks by force, such as failing to turn on the rocks.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of D police statement;

1. Application of statutes on site photographs;

1. Article 314 (1) of the Criminal Act and Article 314 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Penalty of one million won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day converted);

1. As to the claim of Article 59(1) of the Criminal Code of the Suspension of Sentence (except for the past two times fines), the defendant asserts that the crime of this case was inevitably committed to prevent the occurrence of damage, such as rupture, etc. on the wall of the house owned by the defendant in the vicinity of the victim due to the instant work, and that it constitutes legitimate self-defense or legitimate act.

According to the above evidence in this case, the victim's objection is examined.