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(영문) 서울서부지방법원 2017.08.25 2017고정845

퇴거불응

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On February 8, 2017, at around 07:40, the Defendant found the victim C’s house, known to the Seodaemun-gu Seoul Metropolitan Government, under the influence of alcohol, and received a request from the injured party to take a bath while communicating with the victim.

However, the Defendant did not comply with the request for withdrawal of the victim without justifiable reasons until the police officer called out by the victim's report at around 08:10 on the same day arrives. However, the Defendant did not leave the house for about 30 minutes until the police officer arrives.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Arrest of a flagrant offender, and the application of each Act and subordinate statutes reporting an investigation;

1. Article 319 of the Criminal Act applicable to the crime, Article 319 (2) and (1) of the Criminal Act, the selection of fines for the crime, and the selection of fines;

1. Articles 70 and 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;