A. With regard to the mistake of facts or misapprehension of legal principles (Defendant 1), the defendant's act of participating in the instant Extraordinary Games constitutes "justifiable activities related to trade unions" related to the improvement of public officials' social status, and thus, it is only permissible under relevant laws and regulations, and it cannot be deemed "collective activities for purposes other than public duties" prohibited under Article 58 (1) of the former Local Public Officials Act, and the judgment below which found the defendant guilty of this part of the facts charged was erroneous by misapprehending the legal principles on the violation of the Local Public Officials Act, thereby affecting the conclusion of the judgment. 2) In relation to the violation of the Punishment of Violence, etc. Act (joint residence intrusion), the defendant did not know that access was restricted at the time of entering Ulsan-gu, Ulsan-gu, and the defendant was aware only of the fact that access was permitted by the reduction of the permission of entry into each office with the Flasan, T, and U guidance, and thus, the court below found the defendant guilty of this part of the facts charged also by misapprehending the facts or misapprehending the legal principles on the elements of the crime of intrusion and social rules.

B. Defendant 1: The lower court’s sentencing (two million won of fine) is too unlimited and inappropriate. 2) Prosecutor: the lower court’s sentencing is too simple and unfair.

2. Determination

A. As to the Defendant’s assertion of mistake of facts or misapprehension of legal principles, the Defendant and the defense counsel also asserted the same purport as the grounds for appeal of this case, and the lower court rejected the above assertion in detail, under the title “determination of the Defendant and the defense counsel’s assertion”, the lower court’s judgment based on the Defendant’s assertion and the interpretation of relevant legal principles. It comparisons the above judgment of the lower court with the record.