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(영문) 서울중앙지방법원 2019.10.18 2019노1127
폭행
Text

All appeals by the Defendants are dismissed.

Reasons

The acts of Defendant B by the gist of the grounds for appeal do not constitute the elements of assault.

Defendants tried not to block the Flag meeting of E (hereinafter referred to as “the support members”) but to block the unlawful intrusion of E pastors and support members (hereinafter referred to as “E”) into the Dlag.

E In order to defend the current infringement of E by the opposing members of the E company regarding the existing peaceful possession status and the completeness of body of the opposing members, the Defendants committed the same act as the facts of the crime in the judgment of the court below in order to defend the current infringement of E by the opposing members.

The defendants' act constitutes a self-defense or a legitimate act and thus, the illegality is excluded.

Judgment

The evidence duly examined by the court below reveals the following facts.

In light of the above facts, Defendant B’s act constitutes a constituent element of the crime of assault, and the Defendants’ act of this case cannot be deemed as an act of defending the present unfair infringement of the E pastor’s present condition of peaceful possession and completeness of body by the opposing members. It cannot be deemed as a legitimate act.

The Defendants’ assertion is without merit.

In the Diplomatic Association, there was a dispute between E pastors and opposing members.

E T Bags from May 2017, leased the first floor of the LA building in the vicinity of D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D Drgs, and the said J or D D D D D Drgs followed the course of towing, painting, etc. in outside

Around that time, some of the opposing members filed a lawsuit against Diplomatic Association and E seeking confirmation of non-existence of authority as a member of the church of this case (Seoul Central District Court 2017Gahap52735).

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