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(영문) 수원지방법원 안산지원 2015.08.07 2014고정1976

예배방해

Text

Defendant

A shall be punished by fine for negligence of KRW 1,000,00, and by KRW 700,000, respectively.

Defendant

A, C, and D respectively.

Reasons

Punishment of the crime

Defendant

A is the head of the I church, the defendant C and D are the members of the above church, and the J is a person who is in office as a member of the above church from December 23, 1995 to December 23, 1995.

On November 18, 2012, on the ground that the above J stated that “if the members of the church are able to observe the rules of the church, the Defendants shall go to move to the above J on May 2013.” From that time, the above J refused this, the Defendants began to perform acts such as noise during the course of being stationed in and attending the course by the J in the above church, or conducting a separate instrument, etc. In order to keep the entrance of the dividend, the Defendants conspired to interfere with the aboveJ’s activities being stationed in the court by physically preventing the saidJ from physically entering the course of towing.

On July 7, 2013, Defendants: (a) prevented the entry of the aboveJ to enter the door before the headquarters of the above church from being held in order to keep the door from being opened to the main body of the morning in order to keep it from being opened.

Accordingly, the Defendants conspired to interfere with the worship of the above church believers.

Summary of Evidence

1. Each legal statement of the defendant A, C, and D

1. Each legal statement of J, K, L, M, N,O, P and Q;

1. Video CDs;

1. The Constitution of the church;

1. Judgment on the assertion by Defendant A, C, D, and defense counsel of the Korean Film Council Decision of the Korean Film Council

1. The above Defendants did not interfere with the towing of J as stated in the facts constituting the crime in the judgment.

Even if the J interfered with the towing of the Defendants, the illegality is dismissed as it was a legitimate act to prevent the said Defendants from impeding their towing.

2. Determination

A. Even in cases where a pastor with the trial cost for his/her qualification carries out a worship contrary to the resolution of the party conference, his/her worship and performance of worship are protected under the Criminal Act, unless there are special circumstances.