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All appeals by the Defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The judgment of the court below which convicted the above defendants, even though they did not participate only in the process of liquidation or cleaning after the act of damaging the tent was completed, and they did not participate in or conspired to do so after the act of damaging the tent, there was an error of misunderstanding of facts or of misunderstanding of legal principles.
B. The sentence (one million won per fine) imposed by the lower court on the Defendants on the grounds of unreasonable sentencing ( both the Defendants) is too unreasonable.
2. In full view of the following circumstances acknowledged by the lower court’s judgment on the assertion of mistake of facts or misapprehension of legal doctrine, the lower court’s reasoning and the court below’s determination on the assertion of mistake of facts and the evidence duly adopted and investigated by the court below, even if the remaining Defendants, other than Defendant B, C, F, A, D, and G, were to have entered the church, and even if they were to have entered the church, the remaining Defendants, other than Defendant B, C, F, A, D, and G, could have sufficiently recognized their participation in the act of destruction and their conspiracy or intent. Therefore, the allegation of mistake
In relation to co-offenders who jointly process two or more persons in a crime, the conspiracy is not a legally required type of punishment, but a combination of two or more persons' intent to jointly process a crime and realize the crime. Although there was no process of the whole conspiracy, if the combination of intentions is made in order or implicitly through several persons, then the conspiracy is established (see, e.g., Supreme Court Decision 2005Do8645, Feb. 23, 2006).
B. The instant damage does not merely damage a tent, but rather damages a large amount of tugboat distribution used by the members of the other party in the dispute with the Defendants as a wedding, and it is sufficient to use it merely as a tent.