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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. As indicated in the judgment of the court below, misunderstanding of facts and misunderstanding of legal principles are nothing more than 4 meters wide, about 95 meters long (hereinafter “instant road”) located at the right edge of the Seo-gu Incheon land owned by the defendant, and they store soil and gravel high on the land side of about 95 meters long (hereinafter “the instant road”). It is merely that the complainant damaged the instant road owned by the defendant without permission, thereby damaging the road to its original state and expanding the road width, and it is still possible for the complainant to pass through the instant road and farming equipment, such as before illegal expansion, so it does not constitute a crime of interference with general traffic.
In addition, since the complainants are using roads from 6m to 12m of the width of the application for permission in developing the present factory normally, the complainants' duties are not interfered with even if they are unable to use the roads of this case.
Nevertheless, the judgment of the court below which recognized the restoration act as a general traffic obstruction and interference with business is erroneous and erroneous in the misapprehension of legal principles.
B. The sentence imposed by the court below on the defendant (two million won of fine) is too unreasonable.
2. Determination
A. As to the assertion of mistake of facts and misapprehension of legal principles, the Defendant asserted the same purport as the grounds for appeal in this part, and the lower court rejected the Defendant’s assertion and convicted all of the facts charged in this case on the grounds as indicated in its reasoning.
Examining the above judgment of the court below in comparison with the evidence duly adopted and examined, the judgment is just and acceptable, and even though there is a right-hand way to approach the south side of the road of this case, the above right-hand way can not be replaced with the function of the passage performed by the road of this case.