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(영문) 서울중앙지방법원 2017.04.27 2016가합27448
감리회총회재판위원회의출교판결무효확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit shall be borne by the Plaintiff, including the costs incurred by participation.

Reasons

1. Basic facts

A. The Plaintiff is a person who was in the position of a member of the International church belonging to Defendant HH association (hereinafter “instant church”), and the Intervenor joining the Defendant is the members of the instant church.

B. On April 21, 2016, the head of the instant church, G, and the competent association D filed a complaint with the Plaintiff with the purport that the Plaintiff engaged in sexual intercourse with J and K, received money from the members J and C, and incurred financial loss to the said members, and that the Plaintiff committed a crime that disturbs the church function and order by spreading false facts about the members, etc. The Defendant HH association review committee indicted the Plaintiff on May 24, 2016, as stated in the above accusation.

C. On July 4, 2016, the Defendant H&D trial committee found Defendant H’s Defendants guilty of both the charges charged and the charges charged on July 4, 2016, and rendered a judgment that the Plaintiff would be punished by departure. The Plaintiff appealed to the Defendant H&D trial committee

On September 29, 2016, among those prosecuted on September 29, 2016, the Defendant’s General Assembly Decision: (a) deemed that only the fact that the Plaintiff had sexual intercourse with the J is recognized; and (b) rendered a judgment to punish the Plaintiff pursuant to Article 5(2) of the doctrine and the Presidential Decree on the ground that the Plaintiff committed sexual intercourse under Articles 3(13) and 4(1) of the Defendant’s principal and the 7 Part VII Trial Act (hereinafter “School Department”) on the ground that he/she committed sexual intercourse (hereinafter “instant judgment”).

Article 3 (Kinds of Crimes) The kinds of general tasks shall be as follows:

(13) When an inappropriate marriage or inappropriate sexual relationship (including a sex relationship and a marriage between same-sexs) is made or sexual intercourse is made, the crimes under Article 4 (Crimes Applicable to Tradeors) shall be as follows:

(1) If a trader commits a crime under Article 3 even though he/she commits a crime, the types and application of the penal provisions under Article 5 (Types and Application of Penal Provisions) shall be as follows:

(1) The types of penalty provisions shall be the reprimand, probation, suspension from office, dismissal, or expulsion from school.

Provided, That the probation shall not exceed one year, and it shall be less than one year.

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