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(영문) 인천지방법원 2013.04.19 2012고정4237

퇴거불응

Text

Defendant shall be punished by a fine of KRW 500,000.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On August 2012, 2012, the Defendant found 1201 of the above 1201 of the Seo-gu Incheon Metropolitan City apartment house 204, 1201, which is a residence of the victim of Yeo-do, to claim against the bend of the lower floor, which was opened before water day.

Around that time, the Defendant received a demand from D, a household-to-house, to “private placements shall not be deemed to be a Saturday, but the liquor tax is required.”

However, the defendant did not respond to it, and there was a disturbance over about 20 minutes between about 20 minutes, and was laid at the entrance of the entrance.

Accordingly, the defendant does not leave the victim without any justifiable reason.

The Gu refused to comply with the Gu.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes on witness E and D's legal statement;

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. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant allegedly divided the conversations with D outside the front door of the above 1201, and did not enter the above 1201, as stated in the facts constituting a crime, and leave from D.

has not received the Gu.

In addition, the defendant's act constitutes a justifiable act that does not violate the social norms, in light of the fact that this case was issued between neighboring areas and the money time has not elapsed.

2. According to the statement of the witness D in this court, it is recognized that the defendant entered the front door of the above 1201, and that D demanded the withdrawal of the defendant during the process of the disturbance and the disturbance. Although the defendant can find the defendant to carry out the same clause as the criminal facts at the victim's house living in the upper floor due to the adjoining land, it is possible to find the defendant in the lower floor to carry out the same clause. However, in light of the means and methods of the crime of this case recognized by the records of this case, the situation before and after the crime, and the relationship between the defendant and the victim, etc.