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(영문) 서울남부지방법원 2020.03.25 2019고정1555
예배방해
Text

Defendants shall be punished by a fine of KRW 500,000.

However, the above punishment shall be executed for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendants are the members of Gangseo-gu Seoul Metropolitan Council as the members of the Gangseo-gu Seoul Metropolitan Council, who support the E pastors who are in dispute over the status of the teacher.

On September 2, 2018, at around 13:00, the Defendants generated noise by F pastors and F pastors with the aim of preventing them from engaging in preparation for worship in order to make the worship scheduled at 13:00 on the same day in the worship room for the instant church.

As a result, the Defendants conspired to interfere with the worship of F pastors.

Summary of Evidence

1. Each police interrogation protocol against the Defendants

1. Each police statement concerning G;

1. A written statement;

1. Photographs of tugboat dividends;

1. Application of Acts and subordinate statutes to investigation reports (proving the attitude of interfering with distribution);

1. Defendants of the relevant legal provisions and the choice of punishment concerning criminal facts: Articles 158 and 30 of the Criminal Act;

1. Defendants in the suspension of execution: Article 62(1) of each Criminal Act (Article 62(1) of the Criminal Act provides that the outcome and degree of interference with worship in light of the method and method of interference with worship, and the form of conduct, etc.); however, the Defendants appear to have an attitude against the consequence of interfering with the worship of the F pastors; the Defendants appear to have committed a crime in the course of dispute of a church and it seems desirable to allow the dispute within a church to be resolved by themselves; Defendant A is not subject to criminal punishment in addition to the disposition of suspension of indictment once; Defendant B is the primary offender; Defendant B is the primary offender; Defendant B and the opposing members do not want punishment each other after the instant case’s agreement with each other);

1. Defendants of detention in a workhouse: Articles 70(1) and 69(2) of the Criminal Act (where a suspended sentence of imprisonment is invalidated or revoked);

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