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(영문) 서울남부지방법원 2017.12.14 2017고정984

퇴거불응

Text

Defendant shall be punished by a fine of 200,000 won.

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

Reasons

Punishment of the crime

around April 21, 2017, the Defendant ordered food to the victim at a restaurant called “E” for the victim’s D operation on the first floor underground of the Yangcheon-gu Seoul Metropolitan Government building C, Yangcheon-gu, Seoul, for food and drinked.

Although the victim demanded refund, it was demanded to change the business hours because the victim did not respond to the request.

However, the Defendant did not respond to the lack of the ability to discern things or make decisions due to the division disorder, and did not comply with the request for withdrawal of the victim without justifiable reasons until the police officers dispatched by the report of the victim around 2:55 on the same day arrive at the above restaurant, and did not comply with the request for withdrawal of the victim.

Summary of Evidence

1. Written statements prepared in D;

1. Application of the Acts and subordinate statutes to the arrest of flagrant offenders; and

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 10 (2) and Article 55 (1) 6 of the Criminal Act to mitigate mental and physical weakness;

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