The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

1. Summary of grounds for appeal;

A. The judgment of the court below which found the defendant guilty of the facts charged of this case by misunderstanding the facts and affecting the conclusion of the judgment, even though it was not possible for anyone to freely enter the building through the supporting text that was issued by the student president at the time of erroneous determination of the facts, since it was impossible to freely enter the building of the E-School and E-Lifelong Education Institute (hereinafter “the building of this case”) under the independent judgment of C, which was the student president at the time of erroneous determination of the facts.

B. In light of the legal principles, it is reasonable that the submission of the basis for the instant building constitutes an inevitable act to guarantee students’ right to learning in a state where students’ right to learning is hindered due to disputes between the former and the current dean of the E school.

C. The lower court’s sentence of unreasonable sentencing (fine 500,000) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the co-principal under Article 30 of the Criminal Act is established by satisfying the subjective and objective requirements, namely, the implementation of a crime through functional control based on the intent of co-processing and the intent of co-processing. Even if a person who has not directly shared part of the elements of a crime among the conspiracys, if it is acknowledged that a functional control through an essential contribution to the crime exists not just as a mere conspiracy, but also as a co-principal in view of the status, role, control over the progress of the crime, etc. in the whole crime, the crime committed by another conspiracys shall be liable as a co-principal for the crime committed.

In this case, the competitors recruited in light of all the circumstances, such as the means and attitudes of crime, the number of participants and their tendency, the time and characteristics of crime place, and the possibility of contact with others and anticipated reaction in the course of crime.