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(영문) 서울중앙지방법원 2020.05.20 2019고단8180

퇴거불응

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On January 29, 2019, the Defendant entered into a contract with C, a driver of the victim B, and worked as a nursing worker of the victim from that time.

Around July 15, 2019, the Defendant received a request from C to send the Defendant, according to the direction of the victim, at the victim’s house located in Seocho-gu Seoul Metropolitan Government D apartment E, and around July 21, 2019, the Defendant received a request from C to send the Defendant.

Nevertheless, the defendant continues to reside in the victim's house without responding thereto, and on August 28, 2019, the defendant remains in mixed with the victim's house until December 2019 even though the victim died, and leaves the victim's house without justifiable grounds.

The Gu refused to comply with the Gu.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning the F;

1. Statement to C by the police;

1. Each statement G and C;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

1. Article 62 (1) of the Criminal Act;

1. The defendant's reason for sentencing under Article 62-2 (1) of the Criminal Code of the Social Service Order is against the confession of the crime of this case, and the defendant's eviction.

The punishment as ordered shall be determined by comprehensively taking account of the following factors: (a) the failure to comply with the request for a more than four months even after the receipt of the Gu; (b) there is no previous conviction; (c) the heir of the victim; (d) F or H agree with the Defendant; and (e) the character, conduct and environment of the Defendant; (e) the motive, means and consequence of the crime;