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(영문) 서울남부지방법원 2014.11.28 2014노1323

퇴거불응

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The court below found facts that "the defendant has stayed in approximately two minutes," and "the defendant refused to leave as a sound," but the defendant only remains in D for about one minute and 15 seconds, and the victim only speaks as stated in the facts charged in response to the sound recording of the victim. Thus, in light of the conversation between the defendant and the victim, it cannot be deemed that the defendant had the intention to refuse to leave the defendant.

B. MBC’s cultural broadcasting (hereinafter “MBC”) which is a public broadcasting company, and the victim shall leave the Defendant’s request for coverage in a manner that infringes on the Defendant’s personal rights by making the Defendant’s unaffortuous and sound, thereby infringing on the Defendant’s personal rights.

Considering the fact that the Gu has made a Gu, and the victim has refused to comply with the request for coverage several times of the defendant, and the defendant has taken the office of the victim to hear the counterarguments of the victim related to coverage without a prior promise, it is not reasonable for the victim to demand the withdrawal of the victim by verbal abuse near the defendant.

B) The Defendant visited D and heard speech near the victim’s identity and fladation, which led to the victim’s verbal abuse. As such, considering D’s machine time, conversation between the Defendant and the victim, the Defendant and the victim’s age, gender, social status, physical strength, etc., the Defendant cannot be deemed to have practically infringed upon the victim’s peace in residence. C) The Defendant’s escape near the victim’s verbal abuse “Ba, flading”

The Gu judged that it is not a legitimate demand.