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(영문) 서울서부지방법원 2018.01.10 2017고단2718

퇴거불응

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 11, 2017, the Defendant was sentenced to the Seoul Western District Court for 2 years of imprisonment with prison labor for the crime of refusing to withdraw, and the judgment became final and conclusive on the 19th day of the same month.

around 10:40 on August 14, 2017, the Defendant found his or her goods in his or her dwelling room in Yongsan-gu Seoul Metropolitan Government (n, 32 years of age).

In the same day, the police officer dispatched by the victim's report from the victim's customer on the same day did not comply with the demand from the victim to make several times, but did not comply with the demand, and the victim's demand to leave without justifiable reasons until he/she is arrested as the current criminal.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. C’s statement;

1. Reporting on the arrest of the victim;

1. Court rulings and application of search statutes

1. Article 319 of the Criminal Act applicable to the facts constituting an offense and Article 319 (2) and Article 319 (1) of the Criminal Act of the choice of punishment;

1. Selection of an alternative imprisonment with prison labor (the fact that the crime was committed after the person was prosecuted for the same crime against the same victim);

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Suspension of execution under Article 62 (1) of the Criminal Act (i.e., the fact that the victim does not want the punishment by mutual consent with the victim, and the fact that the victim is in a relationship of ex post facto concurrence with the first head of the judgment);