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(영문) 대구지방법원 2017.07.05 2017고정578

퇴거불응

Text

The sentence of punishment against the Defendants shall be suspended.

Reasons

Punishment of the crime

The defendants are those who live in 1907 apartment in Gyeongsan-si, E apartment 101-dong 1807 and those who live in 1907.

At present, F has filed a civil suit against the victim as a water leakage system between floors, and the leakage detection appraiser has been selected and is waiting for appraisal.

On November 2, 2016, at around 12:30, the Defendants found the above apartment No. 101, 1907, the above apartment No. 101, 1907, and opened the entrance, and the victim opened the entrance, and Defendant A entered the entrance, and Defendant A confirmed that he would be able to enjoy the entrance.

However, the victim is already aware of the fact that he is entitled to enjoy, and the appraiser selected by the court is expected to make an appraisal.

"I would like to close the entrance and exit at the same time because I would not have any dispute while refusing it."

‘A demand was made'.

Nevertheless, the Defendants did not comply with this and did not comply with the request to leave the entrance without any justifiable reason.

Summary of Evidence

1. Legal statement of witness G;

1. A voice recorded in a voice file CD;

1. Application of Chapter Two Acts and subordinate statutes to photographs;

1. Relevant Article 319 (2) and (1) of the Criminal Act concerning the Defendants who choose to commit a crime: Articles 319 (2) and (1) of the same Act;

1. Sentence Defendants: Fines of 300,000 won each;

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) (one hundred thousand won per day) of the Criminal Act;

1. The Defendants of suspended sentence: Article 59(1) of the Criminal Act (the Defendants did not have any previous conviction against the Defendants; the Defendants demanded confirmation on water leakage issues among the floors and caused the instant crime; the Defendants, under the victim’s understanding, entered the victim’s residence; and the Defendants did not have any time to comply with the victim’s request for eviction; and the Defendants’ age and sexual conduct et al. were taken into account)

1. The order of provisional payment;