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.

1. The main point of the grounds for appeal is that the lower court’s punishment (two million won of fine) is too unreasonable.

2. The judgment of the Defendant committed the instant crime in order to prevent the Defendant from having access to E by using the vehicle, and the Defendant’s commission of the instant crime appears to have interfered with the preparation for the events of the Nimby Day on May 22, 2018, etc. is disadvantageous.

On the other hand, even though the defendant reflects his mistake, and there are existing access roads which C can pass through, it appears to have been installed and used access roads to some of the land in the Dong-gu, Gwangju, which is owned by the defendant, and thus, even though the defendant attempted to sell the part of the access roads to C, it is likely to take into account some of the circumstances of the crime, as it resulted in the crime in this case to not purchase them from C, and there is no criminal record exceeding the fine.

In addition, in full view of the circumstances of the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, etc., the lower court’s punishment is deemed to be too unreasonable, and thus, the Defendant’s assertion is reasonable.

3. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision is rendered after pleading.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 185 of the Criminal Act applicable to the crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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