The judgment of the court below is reversed.

The sentence of each sentence shall be suspended against the Defendants.

1. Summary of grounds for appeal;

A. In regard to the violation of the Punishment of Violences, etc. Act (joint assault), Defendant A, B, and C did not agree to commit an assault against the victims as stated in the facts constituting a crime in the judgment below, nor did they use the force.

2) As to the damage of property, Defendant C removed a banner with the content that “abssed approval of L pastor as a pastor in the assembly of H church.” However, this is not punishable because it constitutes a justifiable act that does not violate social rules, or an act that constitutes a legitimate defense, self-help, or an urgent escape and that constitutes an act by the presumption of consent of the H church by the victim.

B. The lower court’s punishment against the illegal Defendants (a fine of one million won) is too unreasonable.

2. Determination

A. Judgment on the misunderstanding of facts or misapprehension of legal principles 1) Determination on the assertion on the charge of violation of the Punishment of Violences, etc. Act (joint assault) is not required under the law as to the conspiracy of accomplices who jointly process at least two persons in a crime, but is a combination of two or more persons' intent to jointly process a crime and realize such crime. As such, there was no process of the whole conspiracy.

Even if there are two or more persons, if the agreement of their will is reached in a successive or secret manner, a public contest relationship is established, and even those who did not directly participate in the execution, if they are subject to criminal liability as a joint principal offender for the acts of other solicitors (see, e.g., Supreme Court Decision 2002Do6103, Jan. 24, 2003). Both the Defendants and the victims are the members of the H church, and the Defendants support the I pastor, while the victims supported the L pastor of the same church.

Defendants and victims shall be the above church prior to the occurrence of the instant case.