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(영문) 춘천지방법원 강릉지원 2019.03.26 2018고정212
폭행
Text

Defendants shall be punished by a fine of KRW 300,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

C(S) around October 23, 2017, a person who was a pastor of the Gangnam branch of the Seoul Diplomatic Association, was notified of removal on the grounds of “sected formation and order disturbance,” etc. at the Seoul Diplomatic Association, and Defendant A(S, 54 years old), and Defendant B(33 years old) are the Gangnam Diplomatic Association.

1. Defendant A, at around 11:00 on April 15, 2018, was pushed down the body of the victim C with the defect that the victim C supports and intends to enter into the said church in the latter part of the Gangnam Down branch located in Gangseo-si, Gangnam-si.

Accordingly, the defendant assaulted the victim C.

2. In order to prevent Defendant B from entering the above church at the time, place, and in order to prevent G, the head of the Defendant, as described in paragraph (1), from intending to enter the said church, the Defendant: (a) took a broom of steel materials, thereby protruding off the said door by hand; and (b) was faced with a vehicle in the above door and its side; (c) the victim C put a blick belt on his hand; and (d) took a blick of several times.

Accordingly, the defendant assaulted the victim C.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police suspect interrogation protocol against the Defendants and C

1. Each screen CD image;

1. A report on investigation (in addition to field photographs, etc.);

1. Application of the Acts and subordinate statutes to the documents to be submitted, such as written judgments concerning church allocation, church-related joints and proof of contents;

1. Relevant provisions of the Criminal Act and the Defendants’ choice of punishment regarding criminal facts: Article 260(1) of the Criminal Act and the choice of fines

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

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

1. The Defendants’ burden of litigation costs: The Defendants and the defense counsel asserts that the Defendants’ act constitutes self-defense or legitimate act, as to the assertion of the Defendants and defense counsel under Article 186(1) of the Criminal Procedure Act.

According to the above evidence, the victim C was a person who was the pastor of the Gangnam branch church on October 23, 2017.

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