(영문) 수원지방법원 2018.03.29 2017노8568 | 리걸엔진

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(영문) 수원지방법원 2018.03.29 2017노8568

퇴거불응

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 300,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. In order to raise an excessive contribution to a church, the defendant, who is misunderstanding of facts, requested the spouse and his wife to request the person in charge to leave the church in order to raise an objection to the church and to verify the perpetrator of the assault committed in the church before that request, and there is a considerable reason to refuse the eviction, and therefore, the crime of refusing to leave is not established.

Nevertheless, the judgment of the court below which found the defendant guilty is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

B. The sentence of the lower court’s unfair sentencing (an amount of KRW 500,000) is too unreasonable.

2. Determination

A. The following circumstances can be acknowledged by comprehensively taking account of the evidence duly examined and adopted by the court below as to the assertion of mistake of facts: (i) the defendant found in the church several times prior to the instant case and did not comply with the demand for eviction and thus the police called up; (ii) the defendant was demanded by the police to move out of the church while finding in the church office on the day of the instant case; (iii) the defendant reported the victim who did not respond to the request to move out of the church; (iv) the police officer who called out of the church reported the defendant to the police; and (v) the police officer sent the defendant to move out of the church; but the defendant went back to the church after the police officer went back to the church; and (iv) the victim reported again to the police.

Therefore, the defendant's assertion of misunderstanding facts is without merit.

B. The Defendant again committed the instant crime even though he/she was sentenced to a fine due to an act interfering with worship in the distribution of worship in the instant church in 2016, and there is a need for the corresponding punishment.

However, the accused is old, the accused is against his will, and the injured party in the trial of the party want to be punished.

유사 판례

-서울서부지방법원 2017.07.13 2017노585

-수원지방법원 2016.05.20 2015노6825

-수원지방법원 2017.05.12 2016노7735

-수원지방법원 2017.11.09 2017고정1371

-서울중앙지방법원 2017.10.12 2017노1804