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(영문) 창원지방법원 2016.12.07 2016노1987
예배방해
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal D is that since the church of this case does not have the authority to legitimately deliver the worship, D's worship does not constitute the subject of the crime of interference with worship, and even if the worship of household D constitutes the subject of interference with worship, the Defendant's act constitutes a justifiable act that does not violate the social rules.

2. Determination

A. The obstruction of the obstruction of worship under Article 158 of the Criminal Act does not necessarily require any act of interference in the course of the execution of a tugboat, etc., and even in the case where the obstruction of worship was conducted at the preparation stage closely related to the execution of a tugboat in time (see Supreme Court Decision 81Do2691, Feb. 23, 1982). The obstruction of worship is established even in the case where a pastor, who has a trial expense for the qualifications, gives a tugboat assignment contrary to the resolution of the party branch due to conflict with the affiliated church, barring any special circumstance, barring any special circumstance, if he/she does not give a tugboat assignment contrary to the resolution of the party branch, his/her performance of worship and faith is worth protecting under the Criminal Act, and thus, it is deemed that the obstruction of worship is established.

(See Supreme Court Decision 71Do1465 Decided September 28, 1971, Supreme Court Decision 2004Do6813 Decided June 29, 2006, Supreme Court Decision 2008Do840 Decided May 29, 2008, etc.). In addition, a church was actually divided into the members of both sides of the pastors who are employed by each party, and thereby, a separate main news was published, and as a result, a separate main news was published. In addition, if two woods of both sides were present for the worship and worship of worship, and the members of both sides were separated within the same period of time, each of them must be protected, regardless of what kind of woods or new roads were occupied first, and all of them should be protected.

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