The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In the past, the residents of F, who reside by the misunderstanding of the legal principles, have laid down the instant substitute trees from the road side that obstructs vehicle traffic every year, and the victim, who is the owner of bamboo, did not have a problem.

In order to secure village passage, the Defendant was merely cutting the instant substitute trees, which does not go against social norms, and the illegality is excluded by Article 20 of the Criminal Act.

B. The sentence of the lower court’s improper sentencing (one million won in penalty) is too unreasonable.

2. Determination

A. The lower court’s determination on the assertion of misapprehension of the legal doctrine is based on the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the lower court, namely, ① cutting the instant bamboo without the consent of the victim by the owner without due process, such as civil trial, etc. (135 pages of the investigation record) and ② the victim’s side should not be free from the Defendant’s humping of the bamboo due to “D ownership.”

Mad. I inform the police of his charge.

In light of the fact that the Defendant neglected this and continued cutting of the instant bamboo (12, 113 pages of investigation records), etc., even if FF residents have laid down large trees in a way to secure village passage from the past to the beginning of each year.

Even if such circumstance alone does not violate the social norms of the defendant's act of this case.

It is difficult to see it.

We do not accept the Defendant’s assertion of law.

B. The fact that there is no criminal record exceeding the same kind of and fine for the Defendant’s judgment on the wrongful assertion of sentencing, and that the Defendant cutting bamboo for the purpose of ensuring village passage, there are circumstances to consider the circumstance of the instant case, and that the amount of damage caused by the instant crime is relatively small, etc. is favorable.

However, no damage recovery has been made, such as the victim's agreement, until the case is in question.