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(영문) 광주지방법원 해남지원 2017.09.14 2017고정74

퇴거불응등

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

1. On January 30, 2017, the Defendant refused to withdraw, despite the spitation of spits on the tea floor and the demand that the spits be made from the damaged party, at the “D-to-door distribution” office managed by the victim C of the victim C in the Dondo-gun, Namdo-gun, the Defendant did not comply with such demand.

2. In light of the above circumstances, the Defendant was arrested as a current offender on the same day and was waiting at the F District of the Do Police Station F District in Dondo in Donnam-do, 03:18 on the same day, and the Defendant sexually insultingd the victim by saying, the Defendant was sexually insulting the victim, who was the police officer belonging to the said district police group, five persons, including the victim C and the police officer, etc., who were subject to restraint from the victim G, who was the police officer belonging to the said district police group.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement by the police in relation to C and G;

1. The defendant alleged that he did not wish the victim G as stated in the facts constituting the crime of paragraph 2 of the judgment. However, according to each of the police statements at the victim G or witness C, the defendant's statements at the police station, which was the victim G or witness C, it can be sufficiently recognized that he took the same bath as the facts constituting the crime of paragraph 2 of the judgment against the victim G in a situation where many persons, such as C, etc. hear, the above assertion is rejected

1. Relevant legal provisions of the Criminal Act, Articles 319(2) and 319(1) of the Criminal Act (in the case of refusing to withdraw), Article 311 of the Criminal Act (in the case of refusing to withdraw), and the selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the amount is aggregated) shall be aggravated for concurrent crimes;

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;