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(영문) 서울남부지방법원 2020.01.16 2019고정973
예배방해등
Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

The Defendant is a member of the Gangseo-gu Seoul Metropolitan Government Committee against the victim D (year 57) pastor who is dissatisfied with the victim’s status as a member of the “C” in Gangseo-gu, Seoul.

On September 23, 2018, the Defendant, at around 17:23, on the 1st floor of the above church, destroyed the property owned by the above church by selling five gates installed in the box room, data storage room, church room, language room, and the office of the above church by hand on the ground that the members who follow D's houses opened the glass and windows of the office used by the Defendant, thereby damaging the property in the amount of repair fees.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (related to CCTV images submitted by the complainant);

1. Application of the Acts and subordinate statutes governing damaged literary photographs;

1. Article 36 of the Criminal Act and Article 366 of the Criminal Act concerning the crime, the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The fact that the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order had a record of being punished by the defendant for the same kind of crime in 2018 is unfavorable to the defendant, and that there was an agreement between the members who follow D pastor and the opposing members after this case, and accordingly the complainant expressed his intention not to punish the defendant, shall be taken into account under the circumstances favorable to the defendant, and the punishment as ordered shall be determined by taking into account the defendant's age, character and behavior, environment, criminal records, motive, means and consequence of the crime, circumstances after the crime, etc. and all the conditions of sentencing

The acquittal portion

1. The summary of the facts charged is as stated in the judgment of the defendant.

On June 24, 2018, the Defendant, at around 09:10 on June 24, 2018, opened a television screen with a view to reporting that four to five members support D wood companies, such as E, from the first floor of the above church around 09:10, have opened nine times the wall bed, and that E, etc. cannot see that they are broadcast.

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