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(영문) 대구지방법원 김천지원 2016.02.18 2015고정546

퇴거불응등

Text

A fine of two million won shall be imposed on a defendant.

Where the above fine is not paid, one million won shall be converted into one day.

Reasons

Punishment of the crime

1. Around August 7, 2015, the Defendant: (a) sought a statement to the friendly relationship of the victim D(W, 65 years old) of the second floor C and the second floor C, which would not have a good reputation in the place of residence; (b) however, the Defendant committed assault by the victim of the victim’s pro-Japanese, who was a son, on the ground that the victim was the son and the son reported to the police, on the ground that the son was the son and the son reported to the police.

2. The Defendant, in response to the above temporary location, refused to leave the victim’s place of residence without leaving the victim’s place of residence.

Summary of Evidence

1. Legal statement of the witness D;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes on the statement protocol to D;

1. Relevant Article 260(1) of the Criminal Act (the point of violence) and Article 319(2) of the Criminal Act (the point of refusal to leave), and the choice of each fine concerning the crime;

1. The punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act, which shall be aggravated for concurrent crimes;

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

1. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order provides that if a person is subject to ordinary punishment, he/she may freely find it without having contact with the prison in advance. However, he/she appears not to have a usual exchange, and in particular, he/she could not have any prison connection at the time when he/she visited the prison, and at least at least at the time he/she knew that he/she was sentenced to imprisonment without prison labor and only he/she was sentenced to punishment after he/she visited the prison, and there is no reason to be sentenced to death after he/she was sentenced to punishment by a person who has a right to residence and who has threatened him/her. Accordingly, in this situation, he/she refuses to comply with the reduction of the number of persons having a right to residence and reports it to the police.