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

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On June 16, 2016, from around 13:00 to around 17:00 on June 19, 2016, the Defendant intentionally obstructed the construction work of the damaged party by exercising power against the Defendant’s house located in Gunsan-si E (270 square meters) of the victim D (59) by means of force, which is the sole access to the defective road to carry out construction works, such as cream and dump trucks, for the purpose of preventing the destruction of earth and sand on the land owned by the victim D (59 years).

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to complainants, complainants' photographs submitted, specifications of transactions, and abbreviations;

1. Article 314 (1) of the Criminal Act and Article 314 of the same Act concerning the crime, the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. If the claimed access road passes through a large dump truck or scke as indicated in the judgment, an act to prevent damage to the trees owned by the Defendant planted near the road or damage to the pipes for the access road, which constitutes a political party defense or is permissible under social norms, and the illegality of the act is excluded.

2. Determination

A. Whether certain acts in the relevant legal principles constitute a justifiable act or a legitimate defense as a ground for excluding illegality should be determined reasonably and reasonably in accordance with specific cases, and the legitimacy of the act cannot be determined by going beyond the national order. Thus, to be recognized as a justifiable act, the legitimacy of the motive or purpose of the act, the reasonableness of the means or method of the act, the third protection of legal interests and the infringement of legal interests, the fourth urgency, and the fifth other acts than the act.