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(영문) 수원지방법원 안산지원 2018.06.14 2018고정266
예배방해
Text

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

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

Reasons

Punishment of the crime

On September 26, 2017, from around 05:00 to around 05:50, the Defendant stated that D, located in Ansan-si member B, and that “C church,” on the first floor of the wedding distribution, did not have legitimate intention to proceed with new walls, and obstructed D’s new wall worship by covering and enjoying one-hour interest payment on the subject of the lecture.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Each statement of E, F, G, H, I, J, K, L, M, and N;

1. Note;

1. Reasons for conviction of each photograph;

1. The defendant and his defense counsel asserted that D was disqualified from the position of a pastor, and D was not in the position of supervising the worship, and D was merely the best way to send the defendant to the above church for the purpose of moving the defendant to the outside of the church without the idea of worship at the above church. The defendant and his defense counsel interfered with the worship only by the fact that the defendant merely enjoyed it.

It is difficult to see

The argument is asserted.

2. Interference with the worship under Article 158 of the Criminal Act is a legal interest in the protection of the peace and religion of the public (see Supreme Court Decision 2006Do4773, Feb. 28, 2008). Interference with the worship does not necessarily require that the act of interference with the worship is conducted during the course of worship, etc., and even in the case where the act of interference with the worship was conducted at the preparation stage closely indivisiblely with the execution of worship (see Supreme Court Decision 81Do2691, Feb. 23, 1982). It is established that interference with the worship by a pastor, who has a sight of the qualification, even in the case of delivering a worship contrary to the resolution of the party branch due to a conflict with the affiliated church, barring any special circumstance, even if he/she delivers it by worship against the resolution of the party branch, and barring any special circumstance, he/she is worth being protected under the Criminal Act, thereby obstructing the execution of such doctrine and the execution of worship.

In addition, the church is actually divided into the members of both sides of the church following their religious rites.

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