logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2015.04.02 2014노2664
퇴거불응등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal asserts that the punishment imposed by the lower court (three million won of a fine) is too unreasonable.

2. It is recognized that the defendant's mistake and reflects his own mistake, and that the crime of this case should be judged at the same time in relation to concurrent crimes between the crime of injury and the crime of injury in the judgment and the crime of this case under the latter part of Article 37 of the Criminal Act, and that the defendant's basic living recipient is not adequate

However, the crime of this case was committed by the defendant after the defendant was sitting at the entrance of the victim's living room, but the defendant did not respond to the request from the victim until the police officer dispatched after receiving a report from the victim arrives, and took a bath to the police officer, and insulting the police officer. The defendant did not submit specific data about the recovery of damage to the victim and the police officer up to the trial. The defendant has already been punished several times due to the violation of the Punishment of Violence, etc. Act, the violation of the Road Traffic Act, the violation of the Road Traffic Act, the crime of gambling, the crime of bodily injury, the crime of destroying property damage, and the crime of non-compliance with the removal. In addition, considering the following circumstances, the defendant's age, character and behavior, the environment, the motive and background of the crime, the means and method of the crime, and the circumstances after the crime, etc., the punishment of the court below, which affected the conclusion of the judgment, is unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is groundless. It is so decided as per

However, in the application of the law of the lower judgment, Article 319(1) of the Criminal Act is clear that the term “Article 319(2) and (1) of the Criminal Act” and “Article 311 of the Criminal Act” are erroneous statements under Article 311 of the Criminal Act.

arrow