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The judgment below
The part against the Defendants is reversed.
The sentence of punishment against the Defendants shall be suspended.
Reasons
1. Summary of grounds for appeal;
A. In light of the legal principles, the Defendants are entitled to enter a church as members of the N branch (hereinafter “instant church”) and to leave the church, and therefore, the Defendants’ act of taking corrective measures in the door of the education hall which the Defendants gathered and carried out the instant church constitutes a legitimate act, since it infringes on the Defendants’ freedom of religion and the right to use and benefit from the instant church building.
B. The lower court’s sentence (Defendant C, D, E, and F) of unreasonable sentencing (Defendant C, Defendant C, and D: each fine of 200,000 won, Defendant E, and F: each fine of 300,000 won) is too unreasonable.
2. Determination
A. Before ex officio determination (Defendant G and J) on the grounds for appeal by the Defendants, the lower court ex officio examined the following facts: (a) in so determining, the lower court suspended the sentence imposed on Defendant G and J, but did not determine only the type and quantity of the suspended sentence in its reasoning; and (b) thus, the part against Defendant G and J in the lower judgment was no longer maintained in this respect.
However, despite the above reasons for ex officio reversal, the Defendants, including Defendant G and J, are still subject to the judgment of this court, and this is examined below.
B. The "act that does not violate the social rules" under Article 20 of the Criminal Act as to the assertion of misapprehension of legal principles refers to the act that is acceptable in light of the overall spirit of legal order or the social ethics or social norms, which is located behind it. Whether certain act is a legitimate act that does not violate the social rules, and thus, the illegality should be avoided, based on specific circumstances and circumstances, should be determined individually. Thus, in order to recognize such legitimate act, the legitimacy of the motive or purpose of the act, the reasonableness of the means or method of the act, and the balance between the third protected interests and the infringed interests, fourth.