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(영문) 인천지방법원 2018.11.09 2018노441
폭행등
Text

Of the judgment of the court of first instance, the guilty portion and the judgment of the court of first instance shall be reversed, respectively.

Defendant 4,000,000 won.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) As to the conviction portion of the lower judgment of Defendant 1 (misunderstanding of the facts and misapprehension of the legal doctrine), Defendant 1 did not reach the preparatory stage of worship on April 26, 2017, and C’s month on May 1, 2017.

4. Since the members of the community who used the defendant as a new wall worship intend to stay a tugboat without any consultation, the above worship is not worthy of protection under the Criminal Act, and on May 1, 2017, the defendant first prepared a tugboat. ③ The defendant's act and the victim E's injury are not in connection with the person, ④ the act of causing injury to the victim C constitutes a legitimate defense or a justifiable act as to the obstruction of worship, and ⑤ the front of the company hall does not fall under the dwelling with the access of the members at will, and ⑤ the removal of the defendant's right to manage the distribution of the worship of the B church of the original judgment (hereinafter "the instant church") in order to replace the corrective device installed by C without the right to use the company house constitutes a crime of damage or an act of a political party.

B) As to the judgment of the court below 2, the defendant's lawful manager of the church properties of this case, moving part of the church properties of this case to warehouse does not constitute damage and the intention of damage is not recognized.

C) As to the judgment of the court below of the third instance, there is a justifiable reason that the defendant, as a legitimate manager of the church properties of this case, removed the flag card installed by the victims and the entrance doors which are the properties of the church of this case, constitutes a justifiable act, and even if not, it is not a domestic case, it is not a crime.

2) The punishment sentenced by the lower court (the first instance court: the fine of KRW 2 million, the second instance court: the fine of KRW 1.5 million, the fine of KRW 1.5 million, and the third instance court: the fine of KRW 1.00,000) is too unreasonable.

B. As to the non-guilty portion of the judgment of the first instance by the prosecutor, according to C evidence video, the Defendant on May 2, 2017.

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