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(영문) 대구지방법원 2018.09.14 2018고정549
예배방해
Text

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

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

Reasons

Punishment of the crime

The defendant is a member of the D church, which is a wedding of the C church, and the victim E is a person who has been working as a member of the D church from December 1, 2015 to a member of the D church.

On June 7, 2017, the Defendant: (a) was in front of the distribution of D church churches in Daegu-gu, Daegu-gu; (b) was divided into the forces supporting the G that the said C church established and the opposing church reform council; and (c) was under conflict, the victim E supported the church reform council; and (d) prevented the victims who want to enter the church into the church as the main part of the church in order to continue the demand.

Accordingly, the defendant interfered with the worship of the victim and his believers.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. The Defendant, as a manager of the facility for the distribution of worship in Daegu of the D church, was removed from office and transferred the worship, or prevented the Defendant from using the worship distribution for the worship of the E who does not have the right to use the worship. This is a legitimate act and does not interfere with the worship itself.

Interference with worship as stipulated in Article 158 of the Criminal Act refers to a crime of interference with worship as stipulated in Article 158 of the Criminal Act’s legal interest in the protection of the peace and religion appraisal of the general public’s religious life. Thus, it is established in the stage of preparation

In addition, even if a person who was discharged from the post of pastor under the higher organization is in accordance with the higher organization's decision to deliver it to him.

Even if there are other special circumstances, the delivery of worships and the worships of believerss following it are worth being protected under the Criminal Act, and the act of hindering the delivery of worships and the peaceful performance of worships and their preparation is established, and the person who obstructs the worships is a superior organization to manage the distribution of worships.

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