Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Punishment of the crime

The defendant is a member of the Renewal Committee who is a member of the E church in Seocho-gu Seoul Metropolitan Government E church (hereinafter referred to as the " church") that is collected inside the church in Seocho-gu, Seoul, and is opposing the transfer of F of the church branch.

The Defendant, after moving the church assembly pastor and its support members from G to F preliminary dividends, had pents installed in G preliminary dividends to arbitrarily remove them on the ground that they interfere with the use of G preliminary dividends by the members who oppose before this party, including the Defendant.

Accordingly, on August 6, 2015, at around 08:00, the Defendant removed approximately 80 meters of iron pents, which were installed around G arts distribution, by employing several figures from around G arts distribution.

As a result, the defendant damaged 80 meters of iron pents around the market price, which is the owner of the victim church.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. Photographss and other on-site photographs before and after removal;

1. The application of investigative reports (Attachment of related cases to written judgments) and the statutes governing judgment;

1. Relevant Article of the Criminal Act and Article 366 of the Criminal Act concerning the crime. Article 366 (Selection of Penalty Penalty)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The defendant and his defense counsel asserts that the defendant's act constitutes a justifiable act under Article 20 of the Criminal Act, comprehensively taking into account all the circumstances, such as the fact that the existing iron pents were installed illegally without the resolution of the party council, the violation of the parking method and the removal of the pents for the safety of traffic, and the defendant removed the pents from the purpose of remuneration for the safety of traffic.

However, considering the following circumstances that can be recognized by the evidence, the amount of fine was calculated by considering the circumstances asserted by the defendant in sentencing.

With the sole view of this case’s removal of iron fences, “the reasonableness of means or methods, protection interests, and the benefit of infringement” necessary to recognize a legitimate act, is the balance between the legal interests and interests of infringement.