The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 100,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. Error of facts and misapprehension of legal principles did not interfere with the victim’s construction work for one hour from March 28, 2013 to 17:00, and there was no fact that the Defendant did not interfere with the victim’s construction work for one hour between 16:0 on March 28, 2013 and 17:00.

In addition, the defendant's act constitutes self-defense or legitimate act.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous in the misapprehension of legal principles as to self-defense or legitimate act.

B. Even if the facts charged in the instant case of unfair sentencing are found guilty, the punishment imposed by the lower court (the fine of KRW 700,000) is too unreasonable.

2. In the trial of the court below, the ex officio determination prosecutor applied for changes to the indictment as stated in the following criminal facts, and this court permitted this and thus, the judgment of the court below was no longer maintained as it is.

Despite such reasons for ex officio destruction, the Defendant’s assertion of misunderstanding of legal principles is still subject to the judgment of this court within the scope of the modified facts charged, and the following is examined (as regards the date and time the Defendant interfered with his/her duties, the indictment was modified according to the purport stated in the grounds for appeal, and in the trial, the Defendant recognized the fact that the Defendant was downloaded in front of the quile, and thus, the Defendant’s assertion of misunderstanding of legal principles is not judged separately). 3. In order to constitute self-defense as stipulated in Article 21 of the Criminal Act regarding the Defendant’s assertion of misunderstanding of legal principles, such act must be an act to defend the current

In addition, the specific circumstances are that what act does not violate social norms and the illegality is excluded.