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(영문) 수원지방법원 2014.11.19 2014고단2797

퇴거불응등

Text

A defendant shall be punished by imprisonment for not more than four months and by a fine not exceeding 600,000 won.

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

Reasons

Punishment of the crime

1. On April 29, 2014, the Defendant: (a) around 22:00, at the home of the victim D(38 years of age) located in Suwon-si C; (b) the Defendant, without any justifiable reason, found and continued to open the entrance and exit the entrance; and (c) the Defendant demanded the victim D to leave the entrance and exit from the house of the owner; (d) however, the Defendant, without good cause, demanded the victim to leave the house of the owner; and (e) the victim D to leave the house of the owner; (b) the victim’s eviction

The Gu refused to comply with the Gu.

2. The Defendant is required to leave the victim D at the time, place, etc. described in paragraph (1).

With the floor of the Gu, the victim was assaulted by using the face of the victim at one time.

3. 경범죄처벌법위반(관공서주취소란) 피고인은 제1항과 같은 날 22:30경 위와 같은 이유로 현행범인 체포되어 수원중부경찰서 장안문지구대로 연행되자, 그 곳에서 술에 취하여 큰소리로 "씨발놈, 나중에 보자, 깽판 한번 쳐볼까"라고 욕설을 하는 등 관공서에서 몹시 거친 말과 행동으로 주정하거나 시끄럽게 하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes to the statement of de facto exploitation;

1. Relevant Article 319 (2) and (1) of the Criminal Act, the choice of punishment for the crime, Article 319 (2) and (1) of the Criminal Act, Article 260 (1) of the Criminal Act (the point of violence, the choice of imprisonment), Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of disturbance for cancellation of prosecution, the choice of fines);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 62 (1) of the Criminal Act on the suspended execution (Consideration of the accused and the degree of damage);

1. Probation, order to provide community service and attend lectures under Article 62-2 of the Criminal Act;

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