All the judgment below is reversed.

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

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. In relation to the crime of misunderstanding of facts and misapprehension of legal principles 1) 1 of the first instance judgment (the crime of injury), it is difficult to view the victim’s injury to be caused by the Defendant’s act as a result of the victim’s physical contact in the process of preventing the Defendant from committing the chemical injury by using the marry, etc. (hereinafter “the instant chemical injury”).

The defendant's act is justified as it constitutes a legitimate defense or a legitimate act.

2) In relation to the crime of the second instance judgment (Interference with the business), there was another passage around the victim’s vinyl house, such as a bridge, around the victim’s vinyl house, and thus there was no risk of obstructing the victim’s agricultural business due to the instant cremation.

In order to prevent flood damage, the defendant established the chemical group of this case on his own land, and did not intend to interfere with the victim's farming business.

B. The sentencing of the lower court’s unfair sentencing (the sentencing of KRW 1 and KRW 2 (the fine of KRW 700,000 for each case) is too unreasonable.

2. We examine ex officio prior to judgment on the grounds for ex officio appeal.

The defendant filed an appeal against the judgment of the court below Nos. 1 and 2, and this court decided to concurrently examine the above two appeals cases.

Each crime of the first and second adjudication decisions shall be sentenced to one punishment in accordance with Article 38(1) of the Criminal Act in relation to concurrent crimes under the former part of Article 37 of the Criminal Act.

The judgment of the court below 1 and 2 cannot be maintained as it is.

However, the defendant's assertion of mistake of facts and misapprehension of legal principles is still subject to the judgment of this court regardless of the above reasons for reversal.

3. Determination of misapprehension of the legal principle and mistake of facts

A. As to the judgment of the court below 1, comprehensively taking account of the following circumstances revealed by the records as to whether the crime of injury was established, the Defendant’s physical records consisting of the victim.