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The judgment below
Among them, parts other than business obstruction and injury shall be reversed.
A fine shall be imposed on the defendant 500.
Reasons
1. According to the evidence submitted by the prosecutor, the court below found the defendant guilty of the facts charged of this case, such as destroying pents in the neighboring construction sites of Jeju-gun Complex Tourism Port, hindering the construction work, causing injury to police officers controlling the defendant, and obstructing the performance of official duties at the same time. However, the court below found the defendant not guilty of all of the facts charged of this case.
2. Judgment on the prosecutor's assertion of mistake of facts
A. The summary of this part of the facts charged is as follows: (a) the Defendant: (i) a construction site for the complex tourist port of the private-military forces located in Seopo-si, Seopo-si, Seopo-si (hereinafter “instant construction site”) around 18:30 on April 4, 2012.
(2) The lower court found the Defendant not guilty of this part on the ground that it is difficult to deem that the pentle was damaged by the expansion of the pentle, even though it was found that the Defendant did not cut the pentle as one of the pentles, thereby cutting off the construction site, which was installed at the above entrance to the west by moving about about 50 meters from the above entrance to the west, and destroying one pentle that was managed by the Samsung C&T company, Samsung C&T company, which is the contractor in the city of Samsung C&T industry.
3. In recognizing the criminal intent of the damage and damage to property for the trial of the political party, it does not necessarily have to have a planned intention of damage or actively wish to damage the property, and there is awareness about the loss of the utility of the property against the owner's will. Here, the act of damaging the utility of the property not only changes the property into a state in which it cannot be used for the original purpose of the property due to the act of destroying the property, but also takes a specific role in the property.