beta
Text
The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is that, without permission from the defendant, the residents invaded the land owned by the defendant and use it by expanding the existing road to the extent of using it. As such, only the part where the land owned by the defendant was invaded by the defendant, and there was no fact that the residents interfere with the passage of the existing road that has been used by the residents for several years.
Nevertheless, the court below found guilty of the facts charged of this case, and there is an error of law by misunderstanding facts and affecting the conclusion of the judgment.
2. Summary of the facts charged in this case and the judgment of the court below
A. The summary of the facts charged in this case, which found the Defendant guilty and sentenced to a fine of one million won, is as follows.
The Defendant owned a site C in Ycheon-si, and was using part of the above site as farming for several years, and the Defendant came to know that there was a farming road on the above site through a around 2013 survey, and around August 25, 2016, the Defendant interfered with the traffic on the land by piling up soil and stones from the above farming road with earth and rocks.
B. The judgment of the court below and the defense counsel held that the above grounds for appeal were the same in the court below, and the following circumstances acknowledged by the evidence duly admitted and examined. The court below held that the defendant's vehicle cannot move to the above farm road due to the packing of three households, such as Pyeongtaek E, etc., and the defendant gets a large deal of inconvenience in daily life, such as E's farming, and supply of and demand for coal, etc. And it was used as a road for the passage of a horse and a road for the passage of people and vehicles, even before the passage of the farm road, and it was used as a road for the passage of the current bus and the passage of vehicles, and the defendant's part of the farm road of this case is the boundary of the land owned by the defendant.