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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
However, for two years from the date this judgment becomes final and conclusive.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts and misunderstanding of legal principles 1) The Defendant’s act is Gyeonggi-gu B (hereinafter “instant land”).
(A) approximately KRW 27.72m (hereinafter referred to as the “instant road”) in width, approximately 3.8m (3.8m) in front of the Defendant’s house.
(ii) there is no possibility that the Defendant will act intentionally or otherwise with respect to traffic obstruction, although the passage has become somewhat somewhat inconvenient, there is no fact that the passage has become impossible or substantially difficult.
B. The lower court’s sentence of unreasonable sentencing (limited to four months of imprisonment, two years of suspended execution, and two hundred hours of community service order) is too unreasonable.
2. Determination
A. As to the assertion of mistake of facts and misapprehension of legal principles, the Defendant asserted the same purport as the grounds for appeal in this part of the judgment below, and the court below rejected the above assertion in detail and convicted the Defendant of the facts charged in this case.
In full view of the following circumstances acknowledged by the court below and the court below based on the evidence duly adopted and investigated, it is recognized that the passage of the road of this case was impossible or considerably difficult due to the act as stated in the facts charged by the defendant, and that there was a possibility of expectation for the defendant to act differently from the intent to interfere with traffic, so the judgment of the court below is just and acceptable, and there is no error of law by mistake of facts
① The Defendant removed part of the instant road’s asphalt packaging, reinforced the part of the instant road with soil, and parked the Defendant’s vehicle.
Since then, the reinforced parts of the soil were worn and used, and as a result, the part remaining in the asphalt package among the roads of this case and the part in which the asphalt package was removed (hereinafter “the end of this case”) led to approximately 20 cm.
On March 7, 2019, the police is to verify the condition of the road in this case.