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(영문) 서울북부지방법원 2019.05.17 2019고정357

퇴거불응

Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

The Defendant, around 06:30 on October 22, 2018, at the 'D' office of the victim C (the age of 57) operated in Dongdaemun-gu Seoul Metropolitan Government (the age of 57) on the ground that the victim did not repay KRW 6.890,00,000 to the victim, provided that the victim s/ s/ s/ s/ s/ s/ s/ s/ s/ s/

The Gu refused to comply with the Gu.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes in writing C;

1. Relevant Article 319 (2) and (1) of the Criminal Act and Article 319 (1) of the Criminal Act concerning criminal facts, the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant and his/her defense counsel found his/her assertion of the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act of the provisional payment order, and the defendant and his/her defense counsel found the victim's request for the operation of the victim

The defendant's act does not comply with the Gu, and the defendant's act constitutes a justifiable act which is reasonable to be permitted by social norms.

However, the defendant has a credit payment claim against the victim.

Even in light of the circumstances and progress of the case, the victim's explicit removal;

In addition, it is not reasonable to say that the act of the defendant who does not comply with the Gu is an act to avoid the impossibility or difficulties of the execution of the right, and it is not reasonable to be socially acceptable in the means or methods.

The defendant and defense counsel's above assertion are not accepted.