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(영문) 전주지방법원 군산지원 2014.02.12 2013고정385

퇴거불응등

Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. The defendant, on November 20, 2012, went to the home of the victim No. 903 Do 1001 Do 1001 Hasan-si, Hasan-si around 19:5 on November 20, 2012, and came to the home of the victim and brought to dispute, he/she did not respond to the request, and remains in the home room of the victim for about 40 minutes, and without justifiable reasons, leaves the victim's move to the home room for the victim.

The Gu refused to comply with the Gu.

2. Around 10:00 on December 26, 2012, the Defendant publicly insultingd the victim D by publicly insultingly speaking, “A, the second representative E, and the apartment management office, F, etc., in the Yasan-si apartment management office, the second representative E, the apartment management office, etc.” to the victim D.

3. On January 1, 2013, the Defendant of defamation: (a) prepared a printed article stating false facts that “When the principal’s election is the president, it does not meet his own intent; (b) the chairman of the election management office and the president of the complaint jointly tried to invalidate the election of the principal; and (c) distributed more than 400 households of the same apartment, thereby damaging the victim D, the election management commission chairman, by openly pointing out false facts.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, F, E, G, and H;

1. Application of Acts and subordinate statutes to notices, CCTV photographs, recording records;

1. Relevant Article 319(2) and (1) of the Criminal Act, Articles 319(2) and (1) of the Criminal Act, Article 311 of the Criminal Act, Article 307(2) of the Criminal Act, and the choice of fines for the crime;

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

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

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. Summary of the assertion

A. The Defendant did not have any oral dispute with the victim, and there is no fact that the victim demanded that he go on his house, and the time when he goes on the victim’s house is about 20 minutes. Thus, the Defendant does not comply with the eviction.