The judgment below

The remainder, excluding the dismissed part among the public prosecution, shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. The court below's scope of trial in this case determined that the defendant was guilty of damage to property, bodily injury, intrusion into residence, and special intimidation among the facts charged in this case, and found the defendant not guilty of the obstruction of duties, and sentenced a judgment dismissing a public prosecution with respect to assault. Since only the prosecutor appealed the part not guilty and the part dismissing the public prosecution not appealed by the defendant and the prosecutor became final and conclusive, the scope of trial in this court is limited to the remaining part except the dismissed part

2. Summary of grounds for appeal;

A. The misunderstanding of facts and misapprehension of legal principles (the portion of the crime committed) are the pastor of the church of this case who operates the church as the pastor of the church of this case, and allowing the members to enter the church and park in the parking lot through the settlement of the church so that they can smoothly participate in the worship is included in the operation of the church of a private tree victim.

According to the statements of the victim and H, it is recognized that the defendant was unable to pass the vehicle with the door of the church, which is the wind that the defendant parked in front of the church et al., and therefore, due to the Trackter, the members who have left the new wall flag enter the church due to the Trackter and went back to the church and delayed the time of worship, etc., which interfered with the operation of the victim's church by force. Thus, the defendant interfered with the operation of the victim's church by force.

It is reasonable to view it.

Nevertheless, the judgment of the court below not guilty of obstruction of business is erroneous in the misunderstanding of facts and legal principles.

B. The sentence of the lower court (the portion of conviction) is unreasonable as it is too uneasible to the extent that the sentence of the lower court (the imprisonment of eight months, the suspension of the execution of two years, and the community service time of eight hours)

3. Prior to the judgment on the grounds of ex officio appeal, the facts charged by the prosecutor as to the obstruction of business among the facts charged in the instant case are as follows: “To prevent the operation of shuttle buses of the instant church,” the same shall apply.