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(영문) 수원지방법원 2017.10.12 2016고정1738 (1)
폭력행위등처벌에관한법률위반(공동상해)
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On February 28, 2016, at around 13:30 on February 28, 2016, the Defendant held a church conference in relation to the issue of remodelling construction works of the above church and the sale of the Erypt site, etc. in the presence of approximately 200 the believers of the "D church" worship in Suwon-gu, Suwon-si, Suwon-si, and held a meeting to F. Doing the victims of the above church supervision who continued the meeting.

There has been money to those who are not party members.

The victim interfered with the victim's business for about seven minutes by force, such as cutting the eggs in the future of the lecture, driving the eggs, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of each police officer in relation to G, H, I, J, K, or L;

1. The Defendant asserts that the Defendant’s assertion of the investigation report (such as attaching CCTV image data installed on a tugboat) and CCTV video images constituted a justifiable act merely because it was a legitimate statement in the process of responding to the Defendant’s failure to inform the Defendant of his/her name cards.

However, examining the progress of the party meeting at the time when the aforementioned evidence was revealed, the defendant left a large voice without obtaining a right to speak, leaving the front of the party meeting, and continued sound for 7 minutes a year, and the progress of the party meeting was suspended. In full view of the situation at the time, the defendant's act was lost its reasonableness as the process of legitimate speech, and thus constitutes a force of interference with business, and it is difficult to view it as a legitimate act that does not violate social rules.

Application of Statutes

1. Article 314 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of punishment: Selection of a fine;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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