The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant’s act does not constitute interference with the victims’ business since there are other roads operated by the victims, in addition to the non- packing roads in North-gu B at the time of misconception of the fact (4m width; hereinafter “the road of this case”), a ridge operated by the victims to enter the farm, and thus the Defendant’s act does not constitute interference with the victims’ business.

In addition, the defendant's act constitutes a legitimate act to protect private property and the places of origin in the protocol, and it does not constitute a disturbance with general traffic.

Nevertheless, the judgment of the court below that found the Defendant guilty of the facts charged of this case is erroneous.

B. The punishment sentenced by the lower court (the amount of KRW 3 million and the cost of lawsuit) is too unreasonable.

2. Determination

A. The lower court also made the same assertion as the grounds for appeal on this part, and the lower court rejected the above assertion in detail, stating in the column for the application of statutes the “determination on the assertion of the Defendant and the defense counsel.”

The above judgment of the court below is just and acceptable.

In addition to the following circumstances revealed by the evidence duly adopted and examined by the lower court, the Defendant’s act cannot be deemed a justifiable act.

Therefore, as pointed out by the Defendant, there is an error of mistake in the judgment of the court below.

Therefore, this part of the Defendant’s assertion is without merit (the evidence presented by the Defendant at the trial alone does not interfere with the recognition of the facts charged of this case). ① To recognize a legitimate act, the following requirements should be met: (i) legitimacy of the motive or purpose of the act; (ii) reasonableness of the means or method of the act; (iii) balance between the interests of protection and infringement of interests; (iv) urgency; and (v) supplementary nature that there is no other means or method than the act (see, e.g., Supreme Court Decision 2006Do9307, Mar. 29, 2007). ② The road of this case refers to a farm where victims grow between the victims.