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(영문) 부산지방법원 2018.09.21 2018고정917

퇴거불응

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The Defendant, his spouse, C (52-year women) was living separately for about four years, and the Defendant was subject to divorce, consolation money claim lawsuit, and provisional seizure for the preservation of the claim against the injured party in 2016, and the Defendant and the provisional seizure was winning the lawsuit, but the provisional seizure was not terminated even though it was winning the lawsuit, the victim filed a divorce lawsuit against the Defendant under Busan Family Court 2016 Ddan219, Busan Family Court 2016, and the provisional seizure was made up of the Defendant’s property around that time. The judgment dismissing the claim on August 23, 2017, which was prior to the instant crime.

On January 3, 2018, a structure managed by around 10:30 on January 3, 2018, the "E" located in the 2nd floor located in the Busan Dong-gu D market (the operation of the victim; hereinafter referred to as "the store of this case") in Busan-dong D market, Busan-gu (hereinafter referred to as "the store of this case") in order to ensure that the defendant can receive insurance money by resolving the problem of insurance loans to the victim and to terminate provisional seizure on the house of the defendant's name, but the victim, who is a provisional attachment, was refused to do so.

“In the end, the instant store was laid down on the fence, and the victim was obstructed from the business, and the victim was asked to leave the instant store several times, but the request was rejected without justifiable reasons for about 30 minutes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement protocol with respect to C;

1. Application of Acts and subordinate statutes to a family environment survey report and ad hoc measures;

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

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.