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(영문) 춘천지방법원 영월지원 2016.06.03 2015고단509

퇴거불응

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On February 17, 2016, the Defendant was sentenced to one year of imprisonment with prison labor and two years of suspended execution in the Chuncheon District Court on February 25, 2016.

On November 30, 2015, at around 22:40, the Defendant called the victim after entering the residence of the victim E (V, 51 years of age) located in Gangwon-gun Group C, and received a request from the victim to leave the house. On the same day, the Defendant again received a request from the victim who arrived at the house at around 23:10 on the same day to leave the house.

Nevertheless, the defendant did not comply with the request to leave the victim's house without justifiable reasons until the police officer dispatched by the victim's report on the same day at around 23:20 on the same day arrives.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Investigation report (to listen to the complainant's telephone and to report his/her opinion in refusing to leave the name of the crime subject to this case);

1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history and report criminal investigation (report attached to the judgment, etc.);

1. Relevant Article 319 (2) and (1) of the Criminal Act concerning the facts constituting an offense, and Articles 319 (2) and (1) of the Criminal Act concerning the selection of a fine for the selection of a criminal defendant (including the equity in cases where a judgment has been rendered concurrently with a crime for which judgment has become final and conclusive, the relationship between a victim and a defendant,

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

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;