A. misunderstanding of facts and legal principles 1) The F, first of all, led five (5) members in non-name, who are the members of the above provisional party council, to be demoted, and the F, at the time of committing the instant crime, did not have been qualified as a member of the board of directors, subject to dismissal and withdrawal from the L union at the time of committing the instant crime, and therefore, the Defendants’ act does not constitute an obstruction of worship.

2) Even if it constitutes obstruction of worship, F is a legitimate act since it attempted to force the Defendants by disregarding the fact that the president of the temporary party dispatched by L Union was in preparation for towing, even though he was in preparation for towing.

3) Although the instant crime was prosecuted for interference with the original business, the lower court, without changing the indictment, found the Defendants guilty of interference with worship, thereby violating the principle of unfavorable and unfavorable treatment.

B. The sentence of the lower court (Defendant A: a fine of KRW 3 million, Defendant B: a fine of KRW 1 million) is too unreasonable.

2. Determination

A. 1) As to the assertion of misunderstanding of facts and misapprehension of legal principles, we examine whether the Defendants’ act constitutes obstruction of worship or not, first, F interfered with the Defendants’ towing of worship.

If a church is in fact divided into the members of both sides, two pastors are present at the same time in the distribution of worship and worship, and the members of both sides have been separated from each other, all worships on both sides must be protected without relation to which the pastors or believers first occupied the platform, and in case where both sides constitute a obstruction of worship (see Supreme Court Decision 2005Do800, Sept. 9, 2005). According to the above legal principles, if the F has invited the name-oriented persons to make a temporary president of the party branch and let them prepare for the worship, as argued by the Defendants, he may bring them into the subject of lectures.