퇴거불응등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final.
1. The decision of the court below on the gist of the grounds of appeal (two years of suspended sentence for four months of imprisonment, forty hours of alcohol treatment lectures, eight hours of community service orders) is too unreasonable.
2. The defendant's act of committing the crime of this case enters the house of the victim under the influence of alcohol.
The crime is not good because of violence, such as smugglinging the chest of a police officer called out after having been reported 112.
However, the victim seems to have reported 112 inevitably in order to produce her under the influence of alcohol as an external village of the defendant, and it is not significant to the extent of damage caused by the refusal to leave.
The defendant seems to have violated his own mistake in depth, and the victim and his family members do not want to be punished against the defendant, and the defendant committed a crime interfering with the performance of official duties contingent on the ground that he did not properly understand the situation at the time when he did not understand the situation at the outside third village residence.
In light of the favorable circumstances, such as the fact that there is no record of criminal punishment exceeding the fine after being sentenced to a suspended sentence due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in around 2003, and other favorable conditions, such as the defendant’s age, occupation, environment, etc., the sentence imposed by the court below is unreasonable.
3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 319(2) and Article 319(1) of the Criminal Act (in the case of refusing to withdraw) on criminal facts, Article 136(1) of the Criminal Act (in the case of obstructing the performance of official duties) and Article 319(2) of the Criminal Act.