Text
The sentence of each sentence against the Defendants shall be suspended.
Reasons
Criminal facts
Defendant
A is the members of the same church, and B and C are the members of the same church.
On October 1, 2017, at around 07:50, the Defendants discovered that “A pastor dismissal/D removal” banner, which recorded the contents resolved by the plenary session prior to the distribution of weddings located in Dongdaemun-gu Seoul Metropolitan Government F, was contaminated with the “A pastor removal/D removal” banner, and Defendant D, in his hand, destroyed the market value of the church property, by jointly tearing the banner, including the tearing of the banner, Defendant A, B, and C, and then destroying the banner.
Summary of Evidence
1. Defendants’ respective legal statements
1. Examination protocol of Defendant A by the prosecution (including the protocol ofG and H statement);
1. Each police interrogation protocol against the accused;
1. Statement of the police officer to I;
1. Photographs of crimes;
1. Investigation report (data related to the damage of banner), disbursement resolution paper attached thereto, receipt;
1. The minutes of the second meeting [the defendant asserts that the act of causing property damage in this case is a justifiable act. However, even if the resolution of the second meeting of the church of the case where the defendant A was dismissed and the defendant D was null and void, the defendants, as the defendants, shall demand the victim to voluntarily remove the goods and obtain relief through the legal procedures such as civil procedure or preservative measures, and even if there were no circumstances making it difficult to take such legitimate procedures, the arbitrary act of destroying the banner in this case goes beyond the scope of social reasonableness, and it is merely a self-help act not permitted by the law, and it does not constitute a legitimate act]; the application of the law is applicable.
1. The Defendants of relevant criminal facts: Article 2(2)1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act, and the selection of fines for negligence
1. Sentence Defendants: 300,000 won per fine; and
1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) (one hundred thousand won a day) of the Criminal Act;
1. Article 59(1) of the Criminal Act of the suspended sentence