재물손괴등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. In regard to the crime of causing property damage, misunderstanding of facts or misunderstanding of legal principles 1), the Defendant thought that the instant news block and boundary stone violated the Defendant’s land owned by him, and thus, in order to find the Defendant’s right, the Defendant’s act cannot be deemed as a property damage or constitutes a justifiable act. 2) As to the crime of causing obstruction of business, the Defendant did not have exercised his power by blocking scrakes in the process of construction, or did not intend to exercise his power.
B. The lower court’s sentence of unreasonable sentencing (a fine of KRW 700,000) is too unreasonable.
2. Judgment on misconception of facts or misapprehension of legal principles
A. As to the crime of causing property damage, the following circumstances, which can be acknowledged by the evidence duly adopted and investigated by the court below, i.e., ① the instant news report block and boundary on the land owned by the Defendant, which was established on the land owned by the Defendant, and the Defendant’s act was not installed on the land owned by the Defendant, but on the fact that the news report block and boundary boundary are installed by another person, are not installed on the land owned by the Defendant, ② the Defendant also appears to have been aware of the fact that the news report block and boundary boundary are installed by another person, ③ even if the Defendant’s view that the news report block in this case interferes with the Defendant’s land ownership from the point of view that the news report block and boundary boundary, etc. at that time could not be resolved through the lawsuit, or the Defendant did not seem to have been in the situation where the news report block and boundary boundary in this case were to be taken into account, and thus, the Defendant’s act cannot be deemed to constitute a justifiable act as an act in violation of social rules.) therefore, the above assertion by the Defendant’s allegation is without merit.
B. As to the crime of interference with business, “defensive force” in the crime of interference with business means human beings.