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(영문) 수원지방법원 여주지원 2019.06.03 2019고정67

퇴거불응

Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

피고인은 2018. 5. 1. 14:20경 경기 양평군 B에 있는 피해자 C(4*세)의 주거지 마당에서, 피해자에게 D 경계에 심어져 있는 쥐똥나무를 뽑으라고 항의를 하는 등 소란을 피워 피해자로부터 나가 달라는 요구를 받았다.

However, the defendant does not comply with such request and leaves the victim without justifiable grounds due to the fact that he/she has left the Madle for about five minutes.

The Gu refused to comply with the Gu.

(A) The Defendant asserts that there was a justifiable reason to refuse to leave the Defendant, since the Defendant was in the process of responding to the demand of the victim, since the Defendant was at the time of the instant case, when the victim was unable to open an access road due to trees, and the victim was able to find a tree at the victim’s house and asked the victim to extract the trees. However, considering that the Defendant merely left the victim’s house in the process of responding to the demand of the victim for withdrawal, the Defendant was unable to comply with the demand of the victim. However, even if there was a dispute between the Defendant and the victim, the Defendant did not have the right to gather the trees at the victim’s residence and was unable to do so, and the dispute between the Defendant and the victim could not be resolved through such dispute, it cannot be deemed that there was a justifiable reason to refuse to leave the Defendant. Accordingly, this part of the Defendant’s assertion is not acceptable).

1. Partial statement of the defendant;

1. Each police suspect interrogation protocol of E and C;

1. Data on investigation reports (on-site visit and investigation into the case), photographs and photographs;

1. Application of CD-related Acts and subordinate statutes

1. Article 319 (2) and (1) of the Criminal Act applicable to the relevant criminal facts and the choice of punishment;

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

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