Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Punishment of the crime

On November 2015, the Defendant damaged the victim’s property by demolishing a part of the steel pents and entrances installed on the land boundary of the victim while using the road on the land owned by the victim D in Gwangju City.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement concerning D;

1. Cadastral map and field photo [the defendant and his defense counsel claim that the illegality of the defendant's act is a justifiable act that does not violate social norms and self-help. However, in full view of the evidence duly adopted and examined by this court, the part of the above C used by the defendant as a road (hereinafter "the above part of land").

A) The road is not classified as a road on the cadastral map but merely used as a de facto passage for a long time without being classified as a road on the cadastral map. ② A person, including the defendant’s family, who used the above land portion, suffered a little inconvenience even after the closure of the above land portion, but passed through a public road bypassing the above land portion by other means; ③ the defendant cannot be readily determined as having the right to passage over the surrounding land portion under the Civil Act; ④ even if the defendant is recognized as having the right to passage over the surrounding land, it cannot be said that the defendant is unable to preserve his right by the legal procedure; ④ In this case, considering the fact that the victim's act does not constitute a self-help act or legitimate act under the Criminal Act, since the defendant's act does not constitute a self-help act or a legitimate act, the defendant's and his defense counsel's assertion is without merit).

1. Relevant provisions of the Criminal Act and Article 366 (1) of the Criminal Act concerning the choice of punishment;

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