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(영문) 서울동부지방법원 2018.06.19 2018고정210
예배방해
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The gist of the instant facts charged is that the Defendant is a director of “F” as an NGO organization.

On December 10, 2017, the Defendant, around 12:33, 2017, was proceeding three times a week from the second floor of H church in Gangdong-gu Seoul Metropolitan Government, G, for the above church pastor, “I would have to cut off the source of bomb in this era.”

Having given rise to the warning of ELI: Provided, That this shall not apply to the warning of ELI;

I had interfered with the normal worship of the believers of the church for about one minute by raising the disturbance to a large amount of spawn.

2. Determination

A. Interference with the obstruction of worship under Article 158 of the Criminal Act does not necessarily require any act committed during the course of the execution of worship, etc., and even in a case where the act was conducted at the preparation stage closely indivisible in time with the execution of worship, it constitutes a obstruction of worship (Supreme Court Decision 2004Do6813 Decided June 29, 2006). The obstruction of worship is a legal interest in protecting the peace in religious life and religion of the public (Supreme Court Decision 2007Do5296 Decided February 1, 2008).

B. In full view of the following circumstances acknowledged by the records of the instant case, the Defendant’s act does not constitute a obstruction of worship and there is no other evidence to acknowledge it.

① On December 10, 2017, H church’s low example book (Evidence No. 5 submitted by Defendant) consists of “the period during which the worship is declared,” “The period during which the worship is declared, as a result of the literature’s worship, a religious audit and a meeting for attending a meeting, is a religious call, and the period during which the worship is held.”

In general, one ambling is generally carried out by “the implied desire of the believerss at the horse of a pastor”, and amblings during the process of the ambling of the believerss.

After that time, the believers leave and induce them to do so.

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