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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 의정부지방법원 2016.06.16 2016노878
퇴거불응등
Text

The defendant's appeal is dismissed.

Reasons

misunderstanding of the substance of the grounds for appeal or misunderstanding of the legal principles, the Defendant did not take a bath to the victim, and did not use violence against the police officers dispatched.

However, police officers, without any particular reason at that time, set up the Defendant on the floor, and perform illegal duties, plucking up and plucking up the arms, and resisting the Defendant passively resisting the Defendant. Therefore, this constitutes legitimate defense, and thus, illegality is dismissed.

Nevertheless, the judgment of the court below which convicted the defendant of the facts charged of this case is erroneous by misapprehending the facts or by misapprehending the legal principles, thereby affecting the conclusion

The Defendant was in a state of mental and physical loss or mental weakness under the influence of alcohol at the time of committing the instant crime.

The punishment sentenced by the court below to the defendant (six months of imprisonment) is too unreasonable.

Judgment

In light of the following circumstances found by the court below's argument of misunderstanding of the facts or legal principles, the defendant led to the confession of the facts charged as to the refusal to leave of this case in the court of original instance, i.e., ① the specific contents of the confession, the motive and circumstances leading up to the confession, and the existence of evidence inconsistent with the above, even if considering the specific contents of the confession, there is no particular circumstance to deny the credibility of the confession. ② Each statement made at the victim C's investigative agency and the court of original instance, which correspond to each of the facts charged in this case, are relatively specific and mutually consistent to the extent that it is impossible to make a statement if the victim C did not have any direct experience, and the circumstance leading up to the occurrence of a false statement, and thus, it cannot be seen that the credibility of the statement is recognized.

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