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(영문) 수원지방법원 2015.07.30 2015노1354
재물손괴
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In full view of the fact that the Defendant destroyed the instant banner and the pocketet, however, the victim H had several other slanders in addition to the instant banner and the pocketet, and had continuously committed an offense against the “G church” to which the Defendant belongs, by organizing an organization with others, which is a group of “I (G church victim group)”, the Defendant’s act as stated in the facts charged of this case constitutes a justifiable act that does not violate the current legitimate defense or social norms, and thus constitutes a legitimate act that does not violate the self-defense to defend the current unfair infringement, and thus, the judgment of the court below convicting the Defendant of the facts charged of this case, is erroneous in the misapprehension of legal principles or by misapprehending legal principles.

B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 500,000) is too unreasonable.

2. Determination

A. The lower court rejected the Defendant’s assertion of misunderstanding of facts or misapprehension of legal doctrine in detail, on the ground that the Defendant alleged the same content as the grounds for appeal in this part of this part, and under the title “determination on the Defendant’s argument” in the judgment, the lower court rejected the

The purpose of our Constitution to protect by guaranteeing freedom of religion is not the subject of a religion that a religion itself or a religion gets a new religion, i.e., a member of a religious person, and criticism on a religion is often accompanied by a certain degree of prejudice and stimulative expressions due to its nature. As such, insult on a person subject to another religion does not immediately constitute defamation against a religious organization or believers that renders a new subject of that religion. In the course of exercising the freedom of speech and publication for a religious purpose, an expression that describes the subject of another religion in a ludic manner or somewhat insulting and discomprehive manner.

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