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(영문) 서울북부지방법원 2017.01.12 2016노534
폭력행위등처벌에관한법률위반(공동강요)등
Text

The judgment below

Of them, the part against Defendant C, the part against Defendant A, B, and D, and the part against Defendant A related to “2013 Highest 2673.”

Reasons

1. Summary of grounds for appeal;

A. Defendant I, M and N’s misunderstanding of facts and misapprehension of legal principles, 1) 2013 Highest 3268 cases (1) around December 14, 2012, Defendant I did not assault and inflict injury on the victim AB from the first floor administrative corridor located in the Gangnam-gu Seoul Metropolitan Government (hereinafter “instant church”) as stated in the facts charged (as to the crime of injury No. 9 of the lower judgment), around December 13, 2013, Defendant I merely expressed the victims out of the church by forcing the victims to enter the instant church on the same day, and thus, it constitutes legitimate defense or legitimate act (as to the crime of violation of the Punishment of Violences, etc. Act (hereinafter coercion) committed on December 14, 2012, Defendant I constitutes a passive act of defense against the victims of the instant church (as to the crime of violation of the Act on Punishment of Violences, etc.).

3) Defendant M related to the 2014 High Order 156 case was present at around August 1, 2013 as a witness of the Seoul Northern District Court 2013 High Court Decision 2013 High Court Decision 1378 High Court Decision 1378 High Court Decision, Defendant X, AM’s Punishment of Violence, etc. (joint assault) and testified as stated in the facts charged, not false, but contrary to the Defendant’s memory. Therefore, perjury is not established.

4) In relation to the instant case 1820 senior group ① Defendant I did not commit a violation of the Punishment of Violences, etc. Act (joint coercion) against the victim Y, AA, AE, and AO on November 18, 2012 in collusion with Defendant B, D, and A, around 09:30 on November 18, 2012, around 09:30 on December 25, 2012, and around 09:30 on December 2012.

② The victims shall have the right to freely enter and leave the church building of this case and to make a tugboat in so far as they are members of the term "rode" and are under the direction of AP without the authority of the temporary president.

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