A. misunderstanding of facts or misunderstanding of legal principles does not have intention to obstruct business, or the defendant's act is to protect the legitimacy of the Korean Buddhist ancestor species. Thus, it constitutes a justifiable act under Article 20 of the Criminal Act or at least the defendant believed that he has the consistency of the Korean Buddhist ancestor species. Thus, it is due to a mistake of law with legitimate reason under Article 16.

Nevertheless, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous in mistake or misapprehension of legal principles

B. The lower court’s sentence of unreasonable sentencing (fine 5 million won) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts or misapprehension of legal principles, ① Article 34 of the Korea Buddhist Cho Jong-sung Act is selected and appointed by the president of the Korea Buddhist Cho Jong-sung, and the electoral team is composed of three members of the Central Closing Council and one member of the Central Closing Council; the said three persons are elected by the Central Senior Council; the Central Election Management Committee shall be reported to the Committee ten days before the election; ② the name of five members of the Central Election Management Committee (Law AC; hereinafter referred to as the “Legal Name”) is six members of the Central Council, AD (AE), G (AF), AG (AH), AB (AB) and the Defendant again proposed an election of the Korean Buddhist Director of the Korea Buddhist Council to dismiss the victims from the Central Election Management Committee on January 19, 2010.