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(영문) 수원지방법원 2021.03.19 2020노6705
퇴거불응등
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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. Summary of grounds for appeal;

A. Fact-misunderstanding 1) [2020 order 312] With respect to the refusal to leave and insult, the Defendant expressed money to pay, but the Defendant attempted to drink the Defendant’s money. However, the restaurant operator reported the Defendant.

At this time, the police officer was urged to leave from the police officer, and there was no intention to insult the police officer.

2) [2020 Highest 842] Fraud, the Defendant had the intent or ability to pay food expenses.

B. As the Defendant committed each of the instant crimes in the state of mental disorder, the lower court, which rejected Defendant’s assertion of mental or physical weakness or mental loss, erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

(c)

The sentence of the court below (one year and two months) against the illegal defendant in sentencing is too unreasonable.

2. Determination

A. Determination as to the assertion of mistake of facts 1) [1] [20 order 312] With respect to the refusal to leave and insult, the defendant did not comply with the order to leave the restaurant under Article 319(2) of the Criminal Act, or did not comply with the order to leave the restaurant as a legal interest to protect the peace of the building, room, etc., and the defendant is established if he/she did not comply with the request to leave the restaurant or to leave the building, room, etc. (see Supreme Court Decision 2015Do4048, Dec. 10, 2015). The defendant alleged that he/she did not have a duty to comply with the victim's demand to leave the restaurant because he/she had been drinking food as at the time of payment. However, according to evidence duly adopted and examined by the court below, the defendant did not enter the restaurant within D located in Sungnam-gu, Sungnam-si, as at around 25:15, 2019, and did not receive the victim's demand to leave the restaurant again.

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