2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, has a unique area of the first instance court regarding the determination of sentencing, and where there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect

(Supreme Court Decision 2015Do3260 Decided July 23, 2015). The sentencing factors favorable to the Defendant are: (a) the Defendant is a first offender who has no previous criminal record; (b) the victim arbitrarily raised 67 p trees in the surrounding area by peace, thereby bringing about the landscape of the land owned by the Defendant; and (c) the Defendant demanded the victim to restore the original state to its original state more than five times prior to the instant crime.

(1) However, the injured party is planting 67 tri trees on the road owned by the state, not the land owned by the injured party, and the right to claim removal of tri trees is against the state, which is the land owner, and the defendant, not the owner of the pertinent land, demands the restoration of the original state several times, not the right to remove tri trees. ② Since self-help in the country of the rule of law is strictly prohibited, the state of the rule of law must resolve the problem by exercising the right of prohibition of disturbance under the civil law or filing administrative civil petitions, etc., and it shall not be allowed to relieve the self-help solely for the reason that a certain period of time has taken the above procedure. ③ Even according to the defendant’s assertion, damage caused by the above tri trees falls into the landscape of the land owned by the defendant, and the price decline. Ultimately, the damage caused by the defendant to the tri trees does not seem to have any imminent danger in the