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(영문) 대구지방법원 경주지원 2016.09.29 2016고정167
특수재물손괴
Text

Defendants shall be punished by each fine of KRW 200,000.

The Defendants did not pay the above fines.

Reasons

Punishment of the crime

Defendant

A, Defendant B, Defendant C, Defendant D, and Defendant D are members of H church located in G at the time of racing.

H church is in conflict with the members supporting I pastors, and the Defendants support I pastors.

On the other hand, the members supporting the funeral closed the entrance door, and the Defendants were able to enter the entrance door on the spot.

At around 05:10 on November 15, 2015, the Defendants: (a) on the second floor of the above church; (b) in order to open the entrance door of the above church, Defendant D took a dangerous object, and took the entrance knife; (c) Defendant E and the Defendant also took the entrance knife by the network; (d) Defendant B had the entrance knife at the time of the maintenance of the entrance; and (e) Defendant C prevented the above Defendants from the members of the side to the places as set forth in the Defendants’ port so that they can continue to perform the work incidental to the entrance.

As a result, the Defendants conspired to use the network value, which is a dangerous object, destroyed the unclaimed entrance of the city, which is the ownership of the victim H church, thereby damaging the property.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Protocol concerning the examination of suspect B by the prosecution;

1. The protocol concerning the interrogation of each police suspect against the Defendants

1. Statement made by the police to J;

1. Determination as to the defendants and their defense counsel's arguments against the charge of accusation, investigation report (Attachment to field photographs submitted by the complainants)

1. The summary of the assertion was that the defendants damaged the entrance door of the second floor of the H church as stated in the facts charged of this case, but it constitutes an act that does not violate the social rules stipulated in Article 20 of the Criminal Act, i.e., a legitimate act, by an act which has no choice but to see the vessel as the members of the H church.

Therefore, not guilty of the facts charged in this case against the Defendants should be pronounced.

2. We examine the judgment and determine Article 20 of the Criminal Code, which violates the rules of the ordinary society.

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