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(영문) 수원지방법원 2016.08.04 2016노658

모욕

Text

All appeals by the Defendants are dismissed.

All the costs of the lawsuit by the court below and the party shall be borne by the defendants.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendants purchased 1,200 square meters of the place for the missionary work of the Philippines through the victim I, who was a teacher dispatched from G church located in Daegu Suwon-gu G church, and decided to donate 100 square meters of that among them to the victim I. The Defendants knew of being donated 300 square meters from the Defendants by means of manipulating the documents by the victim I, and revoked the donation of the above 100 square meters, but the above 300 square meters were deducted from the victim I.

In addition, the Defendants committed sexual harassment and sexual harassment against the two female students of the said new school by paying 50,000 won to the local community among the 400,000 won support funds provided by the G Council while operating the new school in the Philippines.

이러한 피해자 I의 행위는 ‘ 도적질 ’에 해당하므로, 피고인들은 피해자 I에게 위 토지에 관한 보상을 요구함과 동시에 선교사로서 적절하지 않은 피해자 I의 행동을 G 교회에 알려 피해자 I에 대한 선교 비가 지원되지 않게 하려는 목적에서 G 교회 앞에서 피해자 I과 G 교회 관계자인 피해자 E, H을 대상으로 한 현수막과 팻말을 게시하여 시위를 하게 된 것이다.

Therefore, the Defendants did not insult the victim I, etc., and the Defendants’ act constitutes justifiable acts stipulated in Article 20 of the Criminal Act.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous by misapprehending the legal principles.

B. The sentence sentenced by the lower court to the Defendants (a fine of one million won) is too unreasonable.

2. Determination

A. 1) As to the assertion of misunderstanding of the facts or misapprehension of the legal principles, the Defendants alleged that the Defendants’ act was not an insulting act against the victims, and the lower court also asserted the same purport as the grounds for appeal, and the lower court on this point.

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