Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Punishment of the crime

On April 19, 2017, the Defendant: (a) requested the manager E to consent to use the iron fence jointly installed by seven persons, such as the victim D, to prevent the fall, etc. at the access road boundary at the time of the insular border; (b) however, on the ground that the victim refuses to demand KRW 20 million, the Defendant laid down the fence on the land owned by the Defendant following the said fence to cover up about 15 meters (hereinafter “instant fence”) of the said steel fence using the digging machine on the ground that the victim refuses to demand KRW 20 million; and (c) removed the fence on the land owned by the Defendant, thereby damaging property in the market.

Summary of Evidence

1. Partial statement of the defendant;

1. Recording notes of the preparation of inspection of E;

1. Even if the pents of this case’s determination as to the assertion of legitimate act of a certified copy of the registry interferes with the defendant’s right to passage over surrounding land, the defendant applied for a disposition of obstructing passage against the victim, or filed a lawsuit to confirm the right to passage over surrounding land, and thereby, the quoted judgment

In light of the fact that it would be necessary to exercise the rights according to the enforcement procedure after receiving the same amount of money, and that the pents of this case were removed arbitrarily, the reasonableness and supplement required in the legitimate act is not recognized.

Application of Statutes

1. Article 366 of the Criminal Act applicable to the facts constituting the crime;

1. Selection of punishment: Selection of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;