(영문) 대구지방법원 서부지원 2018.10.10 2018고단732

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 서부지원 2018.10.10 2018고단732

퇴거불응

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 10, 2018, around 02:20 around 02:20, the Defendant repeatedly demanded the refund of the alcohol value calculated in a normal manner by entering the victim C’s main points in the Seo-gu, Daegu-gu, Daegu-gu, as a customer, while under the influence of alcohol, the Defendant made a mistake in the liquor value calculated in a normal manner to the victim. On the other hand, the Defendant was required to demand the victim to have his/her business terminated on several occasions.

Nevertheless, the defendant did not comply with the request for withdrawal of the victim without good cause until the police officer dispatched by the report of the victim on the same day at around 02:55, but did not give a notice to the police officer's arrival.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Application of the police statement protocol law to C

1. Article 319 (2) and (1) of the Criminal Act, the selection of punishment for a crime under the relevant provision of the Act, and the selection of imprisonment;

1. The fact that the reason for sentencing under Article 62 (1) of the Criminal Act in the suspension of execution has several times the records of suspended execution, the fact that the defendant was punished by a fine for violent crimes, and that there is a high risk of recidivism due to such crimes; and

The fact that the defendant seems to be disadvantageous to the defendant is the sentencing factor.

On the other hand, the fact that the defendant led to the crime of this case and reflects it, and that the defendant agreed with the victim is an element of sentencing favorable to the defendant.

In addition, the defendant's age, sex, environment, motive and background of the crime, means and consequence of the crime, and all the circumstances constituting the conditions for sentencing as shown in the arguments of this case, such as the circumstances after the crime, shall be determined as ordered.

참조조문

-형법 제62조 제1항

-형법 제319조 제2항

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