beta
(영문) 서울남부지방법원 2016.02.17 2015고정2089

업무방해등

Text

Defendants shall be punished by each fine of KRW 2,000,000.

If the Defendants did not pay each of the above fines, 100.

Reasons

Punishment of the crime

The Defendants are the believers belonging to “I (one person),” who oppose the victim H (63 years old) that is all the members of G church located in F in Yangcheon-gu Seoul Metropolitan Government.

1. On December 14, 2014, from around 09:50 to around 10:20 on December 14, 2014, the Defendants: (a) conspired with each other to enter the instant church’s third floor of the instant church as a tugboat distribution for 10 times in order to provide support to the victim; (b) Defendant D was placed behind the victim’s back, with the victim’s clothes; (c) Defendant B took the victim’s head by drinking; (d) Defendant A pushed the victim by pushing the Defendant B; and (e) Defendant C interfered with the victim’s right by interfering with the victim’s course to prevent the victim from carrying the victim’s right in a normal way; and (e) Defendant C interfered with the victim’s activities by force by preventing the victim from carrying the victim’s front of the damaged person’s body; and (e) interfered with the worship of the damaged person.

2. Defendants in violation of the Punishment of Violences, etc. Act (joint assault) assaulted the victim as described in paragraph (1) at the time, time, and place specified in paragraph (1).

Summary of Evidence

1. Part of the Defendants’ legal statements

1. Legal statement of the witness H;

1. Application of Acts and subordinate statutes to investigative reports (Attachment to such video CDs, etc., submission of the complainants, etc.);

1. The Defendants of the relevant legal provisions pertaining to criminal facts: Articles 314(1) and 30 of the Criminal Act, Article 2(2) and (1) of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act (the point of joint assault) and Articles 158 and 30 of the Criminal Act (the point of interference with worship).

1. Commercial concurrent defendants: Articles 40 and 50 of the Criminal Act

1. Defendants who choose to impose punishment: Each selective fine

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

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

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act