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The defendant's appeal is dismissed.
Reasons
1. At the time of the instant case, the gist of the grounds for appeal (defluence of facts or misapprehension of the legal doctrine) is as follows: (a) the Defendant is required to return to the victim for religious activities.
Man't speak her flocks, and both the victim are forced to do so, and the victim took her own flocks and her flocks into the police station. The court below convicted him of the facts charged in this case by misunderstanding facts or by misunderstanding the legal principles.
2. Determination
(a) Article 3 (1) 19 of the Punishment of Minor Offenses Act (1) 19 of the same Act shall apply to the persons who fall under any of the following subparagraphs:
19. A person who makes another person uneasy, annoyed, or offended by standing in a way, provoking a vision, gathering around, following a person, or uttering or doing highly rough and menacing words or conducts, without justifiable grounds, or a person who intentionally puts another person an offensive impression at a public place, such as a road, park, etc. used or frequent by many people, and gives other persons a sense of aversion;
B. Although Article 20(1) of the Constitution of the Republic of Korea provides that the freedom of mission shall be included in the freedom of religion guaranteed by Article 20(1) to promote the religion of the person himself/herself and to identify new believers, the propagation of such doctrine to the public in a public place, etc. constitutes a matter of course the freedom of mission, and Article 2 of the Punishment of Minor Offenses Act provides that, in applying the Punishment of Minor Offenses Act, a fine attention shall be paid to the public so as not to unfairly infringe on the rights of the people. However, in full view of the following facts and circumstances recognized by the evidence duly adopted and duly examined by the court below, the court below shall take into account all the circumstances such as the time and place of the mission of the defendant, persons subject to the mission, and individual contents and methods of the mission.