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(영문) 의정부지방법원 2018.05.24 2018고단705

퇴거불응등

Text

Defendant shall be punished by a fine of KRW 4,000,000 (private million).

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

1. On January 10, 2018, the Defendant was demanded to change the business hours from the victim E, who is an employee, after drinking and calculating the alcoholic beverage in a singing room in Dongbcheon-si C and one underground floor at Dongbcheon-si, Dongbcheon-si, C, and the Defendant was demanded to do so.

However, the defendant did not respond to the request of the victim and did not comply with the request for the withdrawal of the victim without justifiable reasons until the police officer dispatched by the victim's report on the same day at around 02:48 arrives.

2. On January 10, 2018, the Defendant was required to return home from G police officers belonging to the FJE, who received a report from 112 at the singing place set forth in paragraph (1) around 02:50 and called up.

However, in the presence of one police officer who refused the above demand and one employee of the above singing room, the Defendant publicly insultingd the victim G, such as “Y, police, f.p. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to G and E;

1. A H statement;

1. Complaint;

1. Application of the Acts and subordinate statutes governing video CDs containing criminal facts;

1. Relevant legal provisions of the Criminal Act, Article 319(2) and (1) of the Criminal Act (Noncompliance with the eviction), Article 311 of the Criminal Act, and the selection of fines, respectively, for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the sentencing of the instant crime, the Defendant’s like criminal records, etc., are not such a crime.

However, the defendant shows his attitude to see and reflect his mistake.

The defendant seems to have committed the crime of this case by contingency.

In addition, the defendant's age, sex, environment, motive and background leading to the crime, method and attitude of the crime, and crime.