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The judgment of the court below is reversed.
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
【Judgment on Grounds for Appeal】
1. The summary of the grounds for appeal is that the defendant was elected as a legitimate representative at an extraordinary general meeting of HJ (hereinafter “instant clan”) held on October 17, 2010, and the defendant completed the registration of the change of the principal office of the said clan in the register concerning the 16th class and 6th class and 4th class (hereinafter “the instant forest”). The court below erred in the misapprehension of the fact that the defendant was convicted of the defendant on a different premise on the ground that he prepared and sent a document under the name of the representative of the instant clan and sent it.
2. Determination
A. As D descendants, the issue of the instant case’s budget revealed D descendants, there are approximately 240 descendants of G at present, and approximately 250 descendants of F including the Defendant. As to each act recorded in the facts charged on the ground of the Defendant’s qualification as a representative, each of the facts charged in the instant case constitutes a criminal act, on the premise that “the instant clan is a clan which is a common group of the E members,” since each of the above acts of the Defendant constitutes a criminal act on the ground that “the instant clan is a clan that is a group of the members of the E members,” each of the facts charged in the instant case constitutes a criminal act, first of all, the issue of who is the common group of the instant clan is identified, and then the issue of who is the common group of members of the instant clan is examined.
B. Since the common ancestor of the clan of this case is a naturally created family organization aimed at the protection of the graves of the common ancestor and the friendship among its members, it does not require any special organization, but it can be the only part of the common ancestor within the clan depending on who is a member of the common ancestor. Therefore, in identifying a specific clan and its substance, it shall be the most important criteria for whom the common ancestor of the clan is a member of the common ancestor of this case.
(see, e.g., Supreme Court Decision 2006Da14165, Oct. 25, 2007). The court below duly adopted it.