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(영문) 수원지방법원 2016.06.09 2016고정989

퇴거불응

Text

A defendant shall be punished by a fine of 400,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On March 21, 2016, the Defendant received a demand to “to visit the next day if there is a civil petition,” by leaving the victim B and four other persons, who have been engaged in remaining business and are under the influence of alcohol, to the “Public Service Center of the Do Office in the Seo-gu, Suwon-si, Suwon-si, which is located in 146.”

However, by not later than 20:17 on the same day, the Defendant did an act of disturbance in the public service center in the “public service center in the post”, and refused to leave against the victim’s will without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of statutes on site photographs;

1. Article 319 of the Criminal Act applicable to the crime, Article 319 (2) and (1) of the Criminal Act, the selection of fines for the crime, and the selection of fines;

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

1. According to Article 334(1) of the Criminal Procedure Act, the punishment is partially reduced according to the summary order by taking account of the following: (a) the Defendant’s mistake and reflects on his or her misconduct; (b) the first offender who has no record of crime; and (c) the economic situation is relatively old; and (d) the penalty is to be determined as ordered by the summary order.