The Defendant is a believers who attends the “I church” in Sungnam-gu, Sungnam-gu, and the victim J is a member of the “K (I church victim group)”.

At around 15:00 on February 13, 2014, the Defendant: (a) set up a large sign in front of the above church in Sungnam-si L, Sungnam-si; (b) placed the victim’s “I church from time to time open the front end of the time, and conduct a demonstration one person; (c) placed the picture on a large-scale standing signboard; and (d) destroyed the victim’s market value.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the witness J in the second protocol of trial;

1. Application of Acts and subordinate statutes to each photograph (Evidence List No. 3 through 5);

1. Relevant Article 366 of the Criminal Act concerning the facts constituting an offense and Article 366 of the Selection of Punishment;

1. Penalty fine of KRW 1,000,000 to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (100,000 won a day);

1. The judgment as to the defendants and defense counsel's arguments under Article 59 (1) of the Criminal Code (the defendant is the first offender, the defendant is the first offender, the victim K's member as the I church, was committed the crime of this case in order to prevent the use of the demonstration by stating on the signboard the contents, etc. which became false in the Supreme Court's decision, and taking into account the motive and circumstances, the degree of damage, and the extent of damage)

1. The defendant's act of assertion constitutes self-defense and legitimate act to prevent the victim from committing an unlawful act.

2. In light of the developments and means of the occurrence of the instant case, the relationship between the Defendant and the victim, and the circumstances at the time of the instant case acknowledged by the evidence duly examined and adopted by the instant court, the Defendant’s act goes beyond the scope of passive defense to protect and escape against the infringement of legal interests and goes beyond the scope of social reasonableness, and thus, the requirements for self-defense and the lawful act