A. Based on the resolution of the temporary joint council held on November 25, 2012 at the H church (hereinafter “instant church”) belonging to the LUG and the misapprehension of legal principles and the ratification of the general meeting of the members on December 16, 2012, the church’s members were changed to the MU, and the manager of the said church was changed to the NIG belonging to the MU.

Therefore, the defendants' act of entering the above church on the date and time stated in the facts charged in order to deliver worship to the status of the assistant pastor does not go against the will of the church manager, and the defendants did not have the intent to intrude into the structure.

B. The judgment of the court below on the grounds that the sentence imposed on the Defendants (the fine of KRW 300,000) is excessively unreasonable.

2. Determination

A. In light of the following circumstances, the lower court’s judgment on the assertion of mistake of facts and misapprehension of legal principles can be recognized based on the evidence duly adopted and investigated by the lower court, the Defendants can be found to have invaded upon the above church against the will of the I pastor, who is the manager of the instant church, on the date stated in the facts charged by intention. Therefore, the Defendants’ assertion is groundless.

(1) On November 22, 2011, I had been dispatched to the temporary chairperson of the above church after obtaining approval from the seeing of the Seoul East-gu Labor Association, which is a religious order to which the instant church belongs. Since then, I had lawfully performed the duties of the chairman of the church who is the representative of the above church.

(2) Thereafter, at the joint council held on November 25, 2012 at the request of the members meeting with N pastors who are in conflict with I, a resolution passed to withdraw from a different religious order and to select N as the representative of the party branch. It is true that each resolution passed at the general meeting of the members held on December 16, 2012 at the above joint council, which was held on December 16, 2012, ratified each resolution passed at the above joint council, and that the above church passed a resolution to join the Mwit group.

However, the above co-councils and the sub-councils.