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(영문) 인천지방법원 2017.07.07 2017고정675
예배방해
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who lacks the ability to discern things or make decisions due to Compilation mental disorder, etc.

On November 9, 2012, around 13:30 on November 13:30, 2012, the Defendant jointly owned the instant church in the D church located in Yeongdeungpo-gu Seoul Metropolitan Government, and was entitled to use and profit from the said church buildings, and obstructed the worship of the E pastors and D church believerss by entering the said church into the worship during the wedding of the worship and flying of “E pastors opening and leaving the association” and passing through a sound. In addition, the Defendant interfered with the worship of the E pastors and D church believerss over five times in total, as indicated in the list of crimes in the attached Table.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to investigation reports (record data submitted by a complainant), investigation reports (record the details of processing cases reported, etc.);

1. Relevant Article 158 of the Criminal Act and the choice of fines for criminal facts;

1. Article 10 (2) and Article 55 (1) 6 of the Criminal Act to mitigate mental and physical weakness;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The defendant and his defense counsel asserts that the defendant committed the crime of this case in the state of mental and physical loss due to editing mental division, etc. at the time. The defendant and his defense counsel asserted that the defendant committed the crime of this case in the state of mental and physical loss.

However, in light of the circumstances leading to the instant crime, the circumstances before and after the commission of the crime, the method of the crime, the contents and attitude of the Defendant’s statement revealed in the criminal investigation agency and the trial process, etc., it may be deemed that the Defendant was in a state that lacks the ability to discern things at the time, such as the instant criminal facts, but further, the Defendant was in a state of mental and physical loss having the ability to discern things

The defendant's above assertion is not accepted, because it is difficult to view it.

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