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(영문) 서울중앙지방법원 2016.04.20 2015고정3213

퇴거불응

Text

Defendant shall be punished by a fine of 300,000 won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On June 4, 2015, around 17:10 on June 4, 2015, the Defendant entered the place to resolve the disputes related to the lease agreement in Gangnam-gu Seoul Metropolitan Government 601, and was demanded to change from the victim D who occupies the place.

However, the defendant did not respond to it and did not leave 35 minutes until the police officer's arrival by the victim's report at around 17:45 on the same day, and did not leave the place and did not comply with the victim's request for withdrawal without justifiable reasons.

Summary of Evidence

1. Partial statement of the defendant;

1. Recording of witness D's statements in the third public trial records;

1. Recording of the witness E's statement in the fourth public trial protocol;

1. A real estate lease agreement;

1. Each drawing [The lease area under the real estate lease agreement shall be indicated as 85 square meters, and the witness E shall state that the area including a large room as a result of his/her actual survey is 85 square meters.

On the other hand, the Defendant asserts that the leased part, except a large room, is about 85 square meters. However, even if based on the drawing submitted by the Defendant to the investigation agency, it does not seem that the area excluding a large room is equal to 85 square meters.

Application of Statutes

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. 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;

1. Article 186 (1) of the Criminal Procedure Act;