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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. The decision of the court below on the summary of the grounds for appeal (three million won of a fine) is too unreasonable.
2. When the Defendant came to know, as a result of the survey, that a part of the E-mail in which the victim resides was his own land, the crime of this case was committed against the Defendant, and the Defendant committed the crime of this case, thereby obstructing the traffic by blocking the Defendant from proceeding on the land through which the general public passes, by installing a gate on the land through which the public passes, and installing a pents, and preventing the people from entering the E-mail operated by the victim due to the above pents, and thus obstructing the victim’s business by obstructing the victim’s E-operation. In light of the circumstances leading up to the crime and the law of criminal administration, the crime of this case is inferior, and not only the victim, but also the believers operated by the victim, appears to have suffered considerable inconvenience.
However, in light of the circumstances favorable to the defendant, such as the confession of all the crimes of this case when the defendant was in the trial, and the defendant reflects his mistake in depth, the defendant does not want the punishment of the defendant in the trial before the case, and the defendant has no record of criminal punishment before the case, and other factors of sentencing as shown in the arguments of this case such as the defendant's age, family relation, criminal record, character and conduct, environment, means and method of crime, motive and circumstance of crime, etc., it is determined that the sentence of the court below is somewhat unreasonable.
3. The judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act as the defendant's appeal is reasonable, and the judgment below is ruled again after pleading.
[Judgment of multiple times] Criminal facts and summary of evidence recognized by the court is the summary of facts constituting the crime and summary of evidence, and the summary of evidence is "1. The defendant's second trial date" in the summary of evidence of the court below.