1. Defendant shall be punished by a fine of 200,000 won

2. If the defendant does not pay the above fine, fifty thousand won.

Punishment of the crime

On November 26, 2012, from around 10:00 to 13:00 on the same day, the Defendant interfered with the victim’s environmental measurement work by force, such as cutting off the environmental measurement device together with the residents of the village in several hundreds of the defect in order to measure the environment for the construction of the waste reclamation site between the two parties from around 10:00 to around 13:00 on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Application of each film-related statute to field photographs (documents attached to a complaint, investigative records, pages 5-7), and photographs;

1. Relevant provisions of the Criminal Act and Article 314 (1) of the Criminal Act concerning the selection of punishment;

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

1. The defendant and the defense counsel's assertion on the claim of the defendant and the defense counsel under Article 334 (1) of the Criminal Procedure Act asserted that the crime of this case is a justifiable act under Article 20 of the Criminal Act, since the victim has been promoting the construction of a waste reclamation site without the prior consent of neighboring residents, and the victim has agreed to complete the construction of a waste reclamation site without the prior consent of neighboring residents on the day of the case and continues environmental measurement again in the presence of the police on the day of the case.

However, even if the defendant's assertion is true, it is not justified in light of the social rules because it's abundance of the environmental measuring body from the victim's side who performed the environmental measurement within his project site, such as sunrise and knit, has caused substantial reasonableness in the means and methods, and such assertion is not accepted.

The reason for sentencing is that there is no criminal history against the defendant, and the crime of this case is in conflict between the executive company and the opposite countermeasure committee composed of the above E residents, who are promoting the construction of the waste reclamation site in the opposite of the E residents in the Chungcheongnam-gun.