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All appeals filed by the prosecutor against the Defendants are dismissed.
Reasons
1. The summary of the grounds of appeal is that the place where the Defendants removed the trial unit from the Diplomatic Association is irrelevant to the access to the dividend, and therefore, the Defendants’ act of removing the trial unit cannot be deemed as the management of the church building. The Defendants’ act of removing the trial unit cannot be deemed as the management of the D church building at the time of the resolution of the D church church conference on December 16, 2017 (hereinafter “the resolution of this case”) which approved the Defendants’ act of removing the trial unit, but the provisional chairperson of the D church was V at the time of the resolution of the D church church association (hereinafter “the resolution of this case”), but the resolution of this case was adopted under the exclusion of the above V, it is reasonable to deem
2. Determination
A. The summary of the facts charged in the instant case (1) around December 23, 2017, the Defendants: (a) opened the digital painting attached to the above church office E, F, G door door door and door door and door, and removed the digital painting attached to the H door and door door by the Defendant B at around 12:13, 2017.
As a result, the Defendants jointly damaged the property equivalent to the total amount of KRW 2 million in the market price managed by the victim I.
(2) At around 11:06 on the same day, the Defendant: (a) moved from the third floor of the same place to the corridor of the same third floor; and (b) removed digital paintings attached to the entrance and exit doors of the table gate and the entrance in the same floor; and (c) removed them.
Accordingly, the defendant damaged the property equivalent to one million won in total of the market values managed by the victim I.
B. As to the facts charged in this case, the lower court determined that the Defendants’ act of removing the probationary device constitutes the management of the church building, and that the resolution of the D church church shall be adopted in accordance with the K Joint Assembly Constitution to which the D church belongs, the articles of association of the D church, and the resolution of this case shall be made by D church.