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(영문) 서울남부지방법원 2016.08.18 2016고단2634

퇴거불응

Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On May 29, 2016, around 05:10 on May 29, 2016, the Defendant demanded that the victim D, an employee of Yeongdeungpo-gu Seoul, “C Sing shop”, and demanded that the victim D provide alcoholic beverages. However, the Defendant did not comply with the request even if the victim received several demands from the injured party for the end of his/her business. On the same day, the Defendant, upon the victim’s report, went into the said singing shop until the police officer arrived at the request for eviction, and did not comply with the request without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes to an investigation report (report on the three singing business hours);

1. Article 319 (2) and Article 319 (1) of the Criminal Act concerning the facts constituting an offense;

1. On the grounds of the suspended sentence under Article 62(1) of the Criminal Act, taking into account the following: (a) the details of the instant crime; (b) the degree of infringement of the peace in the management of structure; (c) the circumstances in which the Defendant recognized his/her mistake; and (d) the sentencing conditions specified in the present pleading process, such as the Defendant’s age, sexual conduct, criminal records, and the circumstances after the commission of the instant crime, the suspended sentence

It is so decided as per Disposition for the above reasons.