A. Since the misunderstanding of facts and misapprehension of legal principles decided on November 25, 2012 at the Extraordinary Joint Council of Korea (hereinafter referred to as the “instant church”) that K pastor held office as a temporary president of the instant church, the K Council of Korea (hereinafter referred to as the “instant church”) passed a resolution to withdraw from the integrated church and to change the president of the church to the Defendant A, and the resolution was ratified by the Joint Assembly of Korea dated December 16, 2012 at the above resolution on December 16, 2012. As such, since the Defendants’ entry into the instant church cannot be said to have infringed upon the structure jointly managed by others to make a tugboat as of the date stated in the facts charged in the instant case, the Defendants did not harm the peace of the structure, and the Defendants did not have any intent to intrude the structure, and further did not intrude the structure jointly.

B. The court below's decision on the unfair sentencing is unfair because the punishment imposed on the Defendants (a fine of KRW 300,000) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below regarding the assertion of mistake of facts and misapprehension of legal principles, it is reasonable to deem that the Defendants had the intention to intrude into the structure by entering the K pastor who has the authority to possess the allotment of the church of this case and the members who commemorate him/her, and doing so against the will of the members who commemorate him/her, and it is recognized that the Defendants had the intention to intrude into the structure.

① After the retirement of R pastors, the conflict between the members who commemorate the R pastor and the members who commemorate the Defendant A has deepened, K on November 22, 201, as the temporary members of the instant church, sent K as the temporary members of the instant church.

(2) The members who dismiss Defendant A shall hold a joint council on November 25, 2012 and resolve to withdraw from a religious order and to appoint Defendant A as the chairperson of the party branch.