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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. From November 20, 2012, the victim of mistake of facts would not use farming roads in Seopo-si C (hereinafter “instant farming roads”) in the Defendant’s farmland from the time of the completion of the farming shed in November 2012, and further, even though the Defendant requested the victim to answer whether to continue to use the farming roads in the instant case by March 15, 2013 with the content certification, the victim did not have any answer, and the victim was aware that he was given up using the farming roads in the instant case and he was able to slid up a variety of houses which were punished for the farming roads in the instant case, so the Defendant did not have any intention to interfere with business.
The judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous in misconception of facts.
B. The lower court’s sentence of unreasonable sentencing (one million won of fine) is too unreasonable.
2. Determination
A. The following facts acknowledged by the evidence duly adopted and examined by the court below as to the assertion of mistake of facts are as follows: (i) land F in Seopo-si, Seopo-si, the victim cultivated (the victim received donations from H around 2008 around 208; (ii) land owner must go through Seopo-si, Seopo-si, the defendant cultivated in order to enter public roads; and (iii) D Jong-si, the owner of C land, would allow H, the father of the victim before leasing the land to pass through the land among the land; and (iv) around December 20, 1999, the defendant would make the farmland of this case into the side edge of C’s land at the time of leasing the land to the defendant around December 20, 199; and (iii) the defendant was suffering from the farmland of this case for about 10 years from the time when the farmland of this case occurred through the farmland of this case; and (v) the defendant used the farmland of this case from the time of using the farmland of this case to the victim for about 213 years 20.