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(영문) 대전지방법원 논산지원 2020.02.11 2020고단25

퇴거불응

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

【Criminal Force】 On November 26, 2019, the Defendant was sentenced to two years of suspension of the execution on December 4 of the same year to eight months of imprisonment with prison labor for non-compliance with the withdrawal from the Daejeon District Court Branch of the Daejeon District Court, and the judgment became final and conclusive on December 4 of the same year.

【Criminal Facts】 A around 07:50 on January 13, 2020, the Defendant returned home by the police officers dispatched after receiving a 112 report to the effect that “a person is under the influence of alcohol and frighting,” at the victim C’s residence located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si.

Nevertheless, at around 10:00 on the same day, the Defendant found the above victim C’s residence under influence of alcohol again, and the victim demanded the Defendant to “in his house”, but the Defendant did not comply with the request until the police officer dispatched to the scene after receiving a report at 112.

As a result, the defendant leaves from his residence.

Although the Gu received the Gu, it did not comply with it.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the victim;

1. On-site and photographs of damage;

1. Previous records of judgment: Criminal records, inquiry reports, and application of statutes governing judgment;

1. Circumstances which are disadvantageous to the reasons for sentencing under Article 319(2) and (1) of the Criminal Act regarding criminal facts and Article 319(1) of the Selection of Punishment Act: Many criminal records have been committed, and the same mistake has been committed again during the suspension period of execution due to the same crime, and even though the crime of this case was reported without permission and returned home without permission over three times on the day of the crime of this case, the circumstances favorable to the defendant again committed the crime of this case: The victim does not want punishment against the defendant; the defendant's age, character, character, environment, criminal records, criminal records, circumstances after the crime, and all the other conditions of sentencing specified in the arguments of this case