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(영문) 서울남부지방법원 2013.05.27 2013고정1303

폭력행위등처벌에관한법률위반(공동상해)등

Text

Defendant

A shall be punished by a fine of KRW 300,000,000 and by a fine of KRW 300,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

At around 11:00 on April 29, 2012, the Defendants, at the Gangseo-gu Seoul Metropolitan Council, notified the victim D (the age of 41) who is the son of the said church from among the double worship of the said church, who was going to the lecture of the said church, still has the right to be a pastor in the said church, thereby making the son up up to the platform, and let the son get up to the platform of the said church take up the arms of the victim and take up the victim into the stairs located on the right side of the platform, and cut down to the bottom of the stairs.

As a result, the Defendants shared the victims with approximately two weeks of medical treatment, and conspired with each other to interfere with the worship of the above C church.

Summary of Evidence

1. Prosecutorial suspect interrogation protocol against the Defendants

1. Each police interrogation protocol against the Defendants

1. Statement made to D by the police;

1. A complaint filed in D;

1. A written diagnosis of injury;

1. Documents of decision on provisional disposition;

1. Application of field photographs and photographs statutes;

1. The Defendants: Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act (the point of joint injury) and Articles 158 and 30 of the Criminal Act, the selection of each fine;

1. Defendants who aggravated concurrent crimes: the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act

1. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: Determination on the Defendants’ assertion under Article 334(1) of the Criminal Procedure Act

1. The Defendants asserted that ① they only prevented the victim from going to the platform, and the victim was tightly pushed down, and the victim was merely vain vadi, and the victim was merely vadi. ② At the time of the instant case, the victim did not have the right to resign from the position of a wood shed and did not have the right to transfer to the vessel, and thus, it does not constitute a obstruction of worship.

2. However, according to the evidence mentioned above, ① the victim who seeks to go up to the lecture team is sealed, and the body fighting is sealed in the stairs.