The defendant shall be innocent.

1. On July 11, 2012, the Defendant received a request from the victim that “this building should be removed,” from the victim “Ecom Association,” which is managed by the victim D in Gyeyang-gu, Soyang-gu, Hongyang-gu, Seoul, the summary of the facts charged.

However, the defendant does not comply with it and moves the above church to his/her domicile, and resides until September 27, 2012, and leaves without justifiable reasons.

The Gu refused to comply with the Gu.

2. The crime of non-compliance with the removal is the de facto residential peace and the legal interest protected by the law, and the removal is required.

The subject of the Gu is the person who actually maintains the peace of the residence by occupying or managing the building, etc.

However, only the statements made in the investigation agency of D and this court are required to leave the defendant.

At the time of July 11, 2012, the Gu had maintained the possession of the instant church building in a peaceful manner.

The evidence submitted by the Prosecutor alone is insufficient to recognize the facts charged.

(D) Even if the owner of the instant church building is not the actual possessor, the Defendant does not constitute a crime of non-compliance with the motion to leave the church. Therefore, since the facts charged against the Defendant constitute a case where there is no proof of crime, the Defendant is acquitted under the latter part of Article 325 of the Criminal Procedure Act.