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(영문) 광주지방법원 2015.12.15 2014노3082
예배방해등
Text

Defendant

D and prosecutor's appeals are all dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant D1) In order to prevent the victim K from entering the church, the Defendant: (a) committed a misunderstanding of facts; (b) however, there is no fact that the victim K from entering the church by hand, as stated in the facts charged, exceeded the victim K by hand; (c) the lower court’s fine (three million won) is too unreasonable.

B. The lower court’s sentence against Defendant B, F, and G (a fine of one million won, a suspended sentence of one million won, and a suspended sentence) of the Prosecutor is too uneased and unreasonable.

2. Determination

A. The following circumstances acknowledged by evidence duly adopted and examined by the court below and the court below as to the defendant D's assertion of mistake of facts: (i) the victim K consistently stated that the defendant was pushed down with his breast part from the investigative agency to the court below; (ii) the defendant stated in the court of the court below to the effect that the defendant was pushed down and pushed down with the victim K in the situation of fishing repairs in the court of the court of the court below; and (iii) the P stated in the court of the court of the court below that the defendant was not tight to the victim K; but (iv) the victim K did not know how the defendant was pushed down on the floor of the court of the court of the court below; and (iv) the victim K's photographed on the floor, etc., it can be recognized the fact that the defendant was pushed up with the victim K.

Therefore, the defendant's assertion of mistake is without merit.

B. As to the assertion of unfair sentencing by Defendant D and the prosecutor, the Defendants interfered with the worship of the victim, who has different opinions, several times, and Defendant D assaulted the victim, etc., elements of the unfavorable sentencing, such as the Defendants’ act of obstructing towing, the fact that the Defendants did not punish the Defendants, and the Defendants committed the same offense.

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