(영문) 인천지방법원 2017.11.10 2017노2766 | 리걸엔진

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Reasons

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글꼴

크기(pt)

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줄 간격

자간(%)

(영문) 인천지방법원 2017.11.10 2017노2766

퇴거불응등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (6 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. The Defendant, who was the former wife of the Defendant, refused to comply with the request for withdrawal by entering the victim’s house, on the ground that there was no agreement due to the victim’s refusal in the course of criminal conciliation by entering the victim’s house in the process of criminal conciliation, and obstructed the police officer’s legitimate performance of official duties by assaulting the police officer dispatched after receiving 112 reports in the process.

The crime is not likely to be a serious public authority that is essential to maintain the order of the state, and the police officers who suffered the damage are also trying to punish the defendant.

In the past, the Defendant committed the instant crime in the state of drinking during the period of probation due to previous convictions, such as breathing of violent crimes, etc., even though he had been punished several times under the influence of alcohol, and as long as the Defendant did not improve the wrong drinking habits, it still remains the risk of recidivism.

I seem to appear.

However, the Defendant recognized the crime of this case and reflected his mistake.

The defendant did not want to punish the defendant by mutual consent with the victim's refusal to leave, and deposited one million won for the victim police officers.

The degree of damage to the police officer's refusal to leave is relatively minor, and the degree of violence against the police officer was not heavy.

The crime of this case appears to have been committed under the influence of alcohol by the Defendant under the influence of alcohol. The Defendant, after the crime of this case, seems to have been committed, appears to have been under the influence of alcohol and sustained treatment of alcohol dependence in the future while showing his own drinking and aggressive action problems arising therefrom, etc. are being treated in good faith after the crime of this case.

There are many things.

The above circumstances are different from the defendant's person.

유사 판례

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