Text
Defendant shall be punished by a fine of KRW 500,000.
Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.
Reasons
Punishment of the crime
The written indictment states that “the defendant was a person who was a new branch of G church but was enrolled in around May 8, 2016 to who was enrolled in around around May 8, 2016.” However, this is merely a content against the co-defendants who voluntarily withdrawn a request for formal trial, and does not constitute the defendant. The deletion of the defendant’s status at the time of the instant case does not affect the identity of the facts charged and the exercise of the defendant’s right to defense, thereby recognizing the facts constituting
B, C, D, and E were the believers of G church located in the Dong-gu Incheon Metropolitan City F, but people who were enrolled in May to August 2016.
The Defendant, in collusion with B, C, D, and E on July 24, 2016, from around 10:30 to 11:20 on the same day, obstructed the Defendant’s worship by avoiding disturbance, such as, in collusion, the Defendant: (a) filed a disturbance with the third floor distribution of the G church with the 40-50 pastors of H H in order to start a day-to-day towing with the 3rd floor of the G church; and (b) filed a false assertion that the spati of H pastors of H in order to start a week-to-day towing; and (c) filed a false assertion that the spatitu of
Summary of Evidence
1. Recording of a witness H's statement in the third public trial records;
1. Investigation report ( telephone communications with the head of the administrative bureau of a general meeting);
1. Donated image USB interfering with worship;
1. Application of CCTV Acts and subordinate statutes;
1. Relevant Article of the Criminal Act and Articles 158 and 30 of the Criminal Act concerning the selection of punishment;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Determination as to the assertion by the Defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act
1. The summary of the argument was at the site for arbitration, and there was no fact that he had interfered with worship.
2. Determination
A. Interference with worship is a legal interest that protects the peace and sentiment of the religious life of the public as well as the peace and sentiment of the religious life of the believers attending the worship is also included in the legal interest protected (see Supreme Court Decision 2003Do5798, May 14, 2004). Although a person who was dismissed from the position of a pastor by a higher organization is against the higher organization’s decision, the person who was dismissed from the position of a pastor is against the higher organization.