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(영문) 서울동부지방법원 2018.09.21 2018노908

예배방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of legal principles) by the Defendant’s act in this case interfered with the private worship of the believerss who were engaged immediately after the public worship, and such believers’ private worship also is included in the subject of protection of the crime of interference with worship. Thus, the lower court erred by misapprehending the legal doctrine, which acquitted the Defendant of the facts charged in this case.

2. In the crime of interference with the worship of judgment, the term "save" refers to the consciousness that many people gather in accordance with the rules and practices of a religious organization. Therefore, the attitude that an individual acts on a private basis is not included in the "contributing interference with worship," and the court below's judgment not guilty of the facts charged in this case on the grounds as stated in its reasoning is just and acceptable, and since there was no new evidence submitted in the trial, there was no error of law by misunderstanding the legal principles as pointed out by the prosecutor, which affected the conclusion of the judgment.

subsection (b) of this section.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that it is without merit. It is so decided as per Disposition.