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(영문) 인천지방법원 2019.08.22 2018노3955
폭력행위등처벌에관한법률위반(공동재물손괴등)등
Text

The judgment of the court below is reversed.

Defendants are not guilty.

Reasons

1. Summary of the grounds for appeal (the mistake of facts and misapprehension of legal principles);

A. The Defendants, as a person in charge of the installation, removed CCTV and notices in accordance with the procedure, and sufficiently notified that they exercise the right to manage the church in the process.

B. Defendants’ act constitutes self-defense or legitimate act.

2. Defendants A, B, and C of the facts charged in the instant case are the believers of the E branch in Bupyeong-si, and the present E branch does not follow the F of the above church, and the Defendants are divided into so-called “redivists” requiring the reform of the church and so-called “non-divatorym” supporting the F pastors, and the Defendants are “non-divatingm.” The victims G are “Redivists,” and the “Redivists” are divided into “non-divists” from April 2017 to the present fourth floor of the above church.

The reform strike, including the victims, was installed on the first and fourth floor of the above reform strike in order to prevent and prove violence, etc. caused by dispute by using the unconstitutional fund. A. The CCTV was installed on the first and fourth floor of the above reform strike in order to be subject to restrictions on access to the existing CCTV from the side, and to block access to underground worship rooms, broadcasting rooms, etc. except the above four floors.

Defendant

A and Defendant B conspired to remove CCTV installed by the victim on November 2017 on the ground that the CCTV installed under the above circumstances did not obtain the approval of the facility management site and pastor on the part of the “non-duplicative wave.”

On November 27, 2017, around 19:17, in order to remove the CCTV camera installed and managed by the victim from the fourth floor of the above Escopic Escopic distribution, the Defendants removed two CCTV lines by cutting off the wire from the upper gate to the penter and dricker, etc. In order to remove the CCTV camera installed and managed by the victim, the Defendants removed one wire from the first floor and Defendant A by cutting off the wire with the upper penter and dracker, etc., with the penter and dracker, and Defendant B removed one wire from them.

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