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(영문) 서울중앙지방법원 2018.01.19 2017노3415
퇴거불응
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal (misunderstanding of facts or misunderstanding of legal principles and improper sentencing)

A. In full view of all circumstances, such as the fact-finding or misunderstanding of legal principles that the defendant lost all the property due to the wind to deal with the litigation case requested by the defendant, the defendant's explanation about it is necessary to hear the victim's explanation, and that the defendant did not exercise violence such as violence or damage to property in the course of the victim's office, the defendant's refusal to leave of this case constitutes a justifiable act that does not violate social rules.

B. Sentencing 1 Sentencing 200,000,000,000 won, which is too unreasonable.

2. Determination:

A. The following circumstances acknowledged by the evidence duly adopted and examined by the first instance court as to the assertion of misunderstanding of facts or misapprehension of the legal doctrine, namely, the Defendant started to raise an issue to the victim from around 2015 when six years have passed since the conclusion of the litigation case that the Defendant delegated to the victim. Accordingly, the Defendant continued to find the victim several times and send the proof of contents, etc.

In addition to the demand for explanation of the past case, there was a demand for criticism against the victim and unjustifiable compensation, etc. (in the civil procedure, there was negligence on the part of the victim in the civil procedure)

It is difficult to see that the defendant requested the victim's compensation rather than mere explanation of the case). Even on August 2015, 2015, the transfer of this case, the defendant demanded the victim's explanation at the victim's office and did not leave the victim's office despite the victim's request for evacuation, and thus the police was dispatched to the prosecutor's office and received a disposition of suspension of indictment from the prosecutor's office. The defendant committed the crime of this case at the same time. When the defendant entered the office of this case at the time, the victim interfered with the victim

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