The judgment of the first instance is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

1. On April 28, 2013, the Defendant: (a) around 06:34, at the D’s front report located in Dongjak-gu Seoul, Dongjak-gu, Seoul, the Defendant forced to remove 10 street points with a view to occupying and using roads without permission by using 10,00 street points, which are public officials belonging to the E Team of the Dongjak-gu, Dongjak-gu, Seoul; and (b) exercised a tangible power, such as cutting off the excavated machine on the excavated machine, moving out the excavated machine on the excavated machine, and not getting out until the removal work is suspended, thereby hindering the Defendant’s legitimate performance of official duties regarding the removal

2. The first instance court’s determination on whether the act of removing the street in this case by a public official F of the Gu Office (“former Road”) satisfies the requirements for special cases in the application of vicarious administrative execution as prescribed by Article 65(1) of the former Road Act (amended by Act No. 12248, Jan. 14, 2014; hereinafter “former Road Act”), the civil petition has been pending in the area where the above news was repeatedly and habitually installed the street store and illegally occupied and used the road. On February 19, 2013 and April 9, 2013, the Dongjak-gu Office sent an official door to the street store to the effect that it was voluntarily removed the street points installed on two occasions. Nevertheless, it is difficult to view that the act of removing the street in this case by a public official F, etc. of the Dongjak-gu Office, who did not remove the street in this case, and that the act of removing the street in this case was performed by a lawful method under Article 65(1)5(2) of the former Road Act.

3. mistake of facts as to the gist of the grounds for appeal.