A. In light of the fact that the defendant's right to engage in religious activities has been infringed due to mistake of facts and misapprehension of legal principles' entry into the wedding of the instant case by the victim, and that the defendant inevitably prevented the victim from entering the victim's unauthorized intrusion and exercised only the minimum tangible power, etc., the defendant did not intend to assault the victim, and this is an act that does not violate social rules.

Nevertheless, the court below rendered a guilty verdict against the defendant, which erred by misunderstanding facts or by misapprehending legal principles, which affected the conclusion of the judgment.

B. In light of the fact that the Defendant is the primary offender without any criminal power, the Defendant’s act of faithfully performing his duties as a facility managing member, the Defendant reached this case by contingently in the course of performing his duties, and the degree of tangible power exercised by the Defendant is very minor and the degree of damage is not significant, etc., the lower court’s punishment (fine 500,000) is too unreasonable.

2. Determination

A. The lower court rejected the Defendant’s assertion of misunderstanding of facts and misapprehension of legal doctrine by asserting that the Defendant’s act constitutes self-defense or legitimate act, and on the grounds that the Defendant’s assertion and decision are written in detail under the application of statutes of the judgment.

In full view of the circumstances revealed by the lower court and duly admitted and examined by the evidence, including the details of the dispute of the instant C church, the details of the victim’s access and the details of the Defendant’s use of force, etc., the Defendant’s intentional act of assault cannot be deemed as an act that did not violate the social norms.

Ultimately, the judgment of the court below is just and acceptable, and the defendant's assertion of mistake and misapprehension of legal principles is without merit.

B. The Criminal Procedure Act adopts the trial-oriented principle and the direct principle on the assertion of unfair sentencing.