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(영문) 서울북부지방법원 2014.04.17 2013고정758

퇴거불응

Text

Defendant

A shall be punished by a fine of 300,000 won.

Defendant

If A does not pay the above fine, 50,000 won.

Reasons

Criminal facts

Defendant

A on September 21, 2012, around 15:30 on September 21, 2012, around 15:30, visited containers used as parking management office, and did not comply with the demand of the victim to leave the said place.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Statement of a witness F in the third protocol of the trial, and statement of a witness H in the fourth protocol of the trial;

1. Each police suspect interrogation protocol regarding B and I;

1. Investigation report (Submission of system security contract);

1. A detailed statement of processing reported cases, a fact-finding certificate, a power of attorney, and a system security contract;

1. Application of the photographic Acts and subordinate statutes;

1. Article 319 (2) and (1) of the Criminal Act applicable to the relevant criminal facts and the choice of punishment;

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

1. As to the assertion of Defendant A and the defense counsel under Article 334(1) of the Criminal Procedure Act regarding provisional payment order, the Defendant A and the defense counsel agreed that the instant container was owned by Defendant A and was jointly used by the victim, the summary of the victim’s eviction.

It asserts to the effect that it does not constitute a crime even if it does not respond to the Gu.

However, according to the above evidence, the victim can recognize the fact that he used the container as a parking management office until the time of this case, and actually occupied and managed it (no evidence exists to deem that the defendant A agreed to jointly use or actually occupied and used it with the victim). Even if the owner of the container of this case is the owner of the container of this case, it is doubtful that the act of having access to the container of this case against the victim's will without following legitimate legal procedures, such as a request for extradition under civil law, constitutes a crime. Thus, the above

Parts of innocence

1. The summary of the facts charged against Defendant B is in collusion with Defendant A, and around 15:30 on September 21, 2012, the victim F of the E-gu Seoul Central Government E-gu managed by Defendant B.