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(영문) 수원지방법원 평택지원 2018.11.23 2017고정786

퇴거불응등

Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a child of B, the victim C (the age of 56) is a de facto spouse B, and the victim D (the age of 28) is a father of the victim C.

B and the victim C decided to liquidate the living together with the residing in Pyeongtaek-si E Apartment F, but they were disputing the method of settlement of the purchase price.

1. On June 20, 2017, the Defendant refused to withdraw from the military service and demanded the victims to submit KRW 100,000 to the main agent by opening the door door to the present official, and entering the door door, and requesting the victims to pay KRW 100,000 to the outside of the house.

Accordingly, the defendant refused to comply with the request for eviction by the victims.

2. The Defendant brupted the Victim C’s arms at the date, time, and place indicated in paragraph 1 to “I would not want to listen,” and sealed the Victim D’s shoulder to restrain it.

Accordingly, the defendant assaulted victims.

Summary of Evidence

1. The defendant's partial statement in court C and D's each legal statement;

1. A protocol concerning the examination of suspect of each police in relation to C or D;

1. In light of the fact that each police statement protocol against C and D (the developments of the instant case acknowledged by the evidence duly adopted and examined by this court, the victims' statements are consistent and replaced with each other, and the Defendant also recognized the facts of the victim C's grandchildren, the Defendant committed assault as stated in the judgment of the court.

Since it is reasonable to view it, the argument of the defendant and his defense counsel who denies it shall not be accepted.

Application of Statutes

1. Article 319 (2) and (1) of the Criminal Act (which does not comply with the eviction) concerning the facts constituting an offense under the relevant Article of the Criminal Act, and Article 260 (1) of the Criminal Act (abbbs) concerning the same;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 70(1) and 69(2) of the Criminal Act to attract a workhouse.