일반교통방해
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. In this case, misunderstanding of facts or misunderstanding of legal principles, the place where the Defendant took the hacker line after having affixed the pole is not a road as his own land, but a road is not a road, and the Defendant’s above act did not interfere with the general public’s passage. Therefore, the lower court, which recognized the establishment of a general traffic obstruction, erred by misapprehending the facts or by misapprehending the legal doctrine.
B. The lower court’s sentence of unreasonable sentencing (one million won of fine) is too unreasonable.
2. Determination
A. On the grounds stated in its reasoning, the lower court acknowledged the establishment of a general traffic obstruction crime against the Defendant’s act of bringing a decline after cutting the pole on the place where it was offered for a considerable period of time to the general public for difficult passage, on the grounds stated in its reasoning.
Examining the judgment of the court below closely with the records of this case, the above judgment of the court below is just and there are no errors by misapprehending the facts or by misapprehending the legal principles, and this part of the defendant's assertion is without merit.
B. The court below determined that the amount of fine is more than 2 million won in a summary order, considering the circumstances after the crime of this case, the defendant's age, character and conduct, and environment as well as other favorable circumstances, such as the fact that the defendant was the first offender and the circumstances to be considered in the process of the crime of this case, and that the defendant's assertion on the unfair sentencing is unreasonable. This part of the defendant's assertion is without merit, since it is not acknowledged that the court below's punishment is too unreasonable.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit. It is so decided as per Disposition.