(영문) 수원지방법원 2020.12.02 2020노4854 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2020.12.02 2020노4854

예배방해등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant (the fact-finding and the misapprehension of the legal principle) does not have the criminal jurisdiction of the State as a dispute over the obstruction of worship in the church. The time during which Defendant entered the distribution of worship was not a time, and there was no fact that Defendant committed an act interfering with the worship. The Defendant’s act was aimed at preventing the Defendant’s illegal act of the FF house owners, and it does not violate the social rules, and thus is dismissed from illegality. 2) The Defendant has the right to enter the church as a member of the instant church, and the Defendant’s act was to prevent the victim’s illegal act from violating the social rules, and thus, is dismissed.

3) There was no statement as to the insult of the facts charged, and even if such statement was made, it is merely passive and resistanceed by police officers’ illegal performance of official duties. B. The prosecutor (unfairness)’s sentence of the lower court (five months of imprisonment) is too uneasible and unfair.

2. Determination

A. The lower court found the Defendant guilty of all the facts charged of this case by taking account of the circumstances in the judgment.

Examining the evidence duly adopted and examined by the court below closely, the judgment of the court below is just, and there is no error of misconception of facts or misunderstanding of legal principles as alleged by the defendant.

[Around May 17, 2020, the Defendant asserted that there was no desire for the victim J and K as shown in the facts charged. However, according to the written statement of the victim J, the victim K, and the witness G, the Defendant may sufficiently recognize the fact that the said victims were publicly insulting, as in this part of the facts charged, by referring to the victim J and K as in this part of the facts charged.]

It takes the trial-oriented principle and the direct principle on the prosecutor's argument of unfair sentencing.

유사 판례

-울산지방법원 2020.09.10 2019노983

-서울서부지방법원 2019.01.17 2018노1243

-대전지방법원 2015.09.16 2015노147

-부산지방법원 2015.07.10 2014노4623

-서울남부지방법원 2019.09.17 2018노1913