beta
(영문) 서울고등법원 2018.01.12 2017나2022801

감리회총회재판위원회의출교판결무효확인

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff is a person who was in the position of a member of the International church belonging to Defendant HH association (hereinafter “instant church”), and the Intervenor joining the Defendant is the members of the instant church.

B. On April 21, 2016, the head of the instant church, G, and the competent association D filed a complaint with the Plaintiff with the purport that the Plaintiff committed an act of sexual intercourse with B (one person J; hereinafter collectively referred to as “B”) and K, received money from the members B and C, and incurred monetary loss to the said members, and committed a crime that disturbs the church’s function and order by spreading false information about the members, and the Defendant HH Council’s review committee prosecuted the Plaintiff on May 24, 2016, as stated in the above accusation.

C. On July 4, 2016, the Defendant H&D trial committee found Defendant H’s Defendants guilty of both the charges charged and the charges charged on July 4, 2016, and rendered a judgment that the Plaintiff would be punished by departure. The Plaintiff appealed to the Defendant H&D trial committee

On September 29, 2016, among those prosecuted on September 29, 2016, the Defendant’s General Assembly Decision: (a) deemed that only the fact that the Plaintiff had sexual intercourse with the son B is recognized; and (b) rendered a judgment to punish the Plaintiff pursuant to Article 5(2) of the doctrine and the Presidential Decree on the ground that the Defendant committed sexual intercourse under Article 3(13) and Article 4(1) of the Criminal Procedure Act (hereinafter “Attention”) on the grounds that the principal and the son were sexual intercourse with the son B (hereinafter “instant judgment”).

Article 3 (Kinds of Crimes) The kinds of general tasks shall be as follows:

(7) When there is a suspicion of supporting or participating in a meeting at this end, the following shall be applicable to inappropriate marriage, inappropriate sexual relationship (including sexual relationship between the same sex and marriage), or sexual intercourses (including sexual relationship between the same sex and marriage), or sexual intercourses under Article 4 (Crimes Applicable to Trades).

(1) When a trader commits an offense even though he/she has committed a crime under Article 3 (Types of Crimes).