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(영문) 서울남부지방법원 2019.07.24 2019고정617
폭행
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a sexual attitude supporting D pastors who have a dispute over the status of the Chovagist in Gangseo-gu Seoul Metropolitan Government “Chovagsium,” and the victim E is a sexual chart belonging to the Chovags Emergency Countermeasures Committee, opposing D pastors.

At around 10:00 on September 2, 2018, when the Defendant intends to make a course by using the subjects of the principal lecture of the above church and the sexual chart supporting D pastors in the way of sponsoring D, the Defendant kept the victim's body unfortunateed by hand to force the victim on the ground that the victim was in the vicinity of D pastors, and transferred the victim's body from the back of the victim to the back of the two times to the near of the victim's body.

Accordingly, the defendant committed assault against the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement of the victim;

1. The Defendant asserts that the act of using video CDs to the victim E is not a assault, or self-defense or legitimate act to avoid interference with worship.

However, the defendant's act is a assault against the crime of assault under the Criminal Code when he exercises his physical force against the victim's will while drawing the victim into the victim's body.

The church of this case had already been in the situation where the church of this case had had a considerable conflict of opinion due to the division of its members, and in particular, in the distribution of the same day of this case, there is a question as to whether the side and opposing side already supported D are going to the platform and were in progress normally at the time. However, in light of the fact that the defendant had done acts such as moving the victim to the platform and moving the victim to the platform, etc., it is difficult to evaluate such acts by the defendant as self-defense or legitimate act.

Even if the defendant had the motive and purpose to prevent the act of obstruction of worship by the victim, the act is committed.

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