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(영문) 청주지방법원 2017.04.28 2016노1031
업무방해
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-misunderstanding or misapprehension of the legal doctrine was the time when a person damaged trees owned by Defendant B was damaged by Defendant B, and around July 2014, and the damaged trees were owned by Defendant B, and there were data to recognize that damage was inflicted on trees due to the victim’s damage.

Furthermore, if Defendant B is not the owner of the above trees, but the State is the owner of the above trees.

Even if the infringement of another person's legal interests is also subject to the defense of a political party, the act of damaging the victim's trees constitutes "the current unfair infringement of legal interests of the victim or himself/herself."

In addition, the Defendants do not prevent the access of all vehicles of the victims entering the road of this case, but merely prohibit the access of 15 tons dump truck vehicles, which are likely to damage trees owned by Defendant B and placed on both sides of the above passage, and this was the minimum act to prevent the infringement of Defendant B’s property rights, and the Defendant’s damage caused by the victim’s act is larger than the victim’s damage. Thus, the Defendants’ act constitutes legitimate defense or legitimate act.

Nevertheless, the court below convicted the Defendant of the facts charged in this case, and it erred by misunderstanding the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. Each punishment (Defendant A: fine of one million won, and fine of six million won) against the Defendants sentenced by the lower court is too unreasonable.

2. Summary of the facts charged and the judgment of the court below

A. The summary of the facts charged of this case is as follows, which the court below found guilty and sentenced Defendant A to a fine of one million won and a fine of six million won to Defendant B.

"2015 High 188".

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