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(영문) 대구지방법원 경주지원 2017.09.27 2017고정169

퇴거불응

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

1. On July 26, 2016, the Defendant: (a) found the Defendant’s dead money in the house of the Victim C, located in the Busan Young-do, Busan, on July 26, 2016, at around 21:00; and (b) brought a claim against the Defendant for the Defendant’s funeral service on the day D’s children committed suicide; (c) did not comply with the Defendant’s request to leave the Defendant; (d) did not comply with the request; and (e) did not comply with the request to leave the Defendant for about 30 minutes until the police officer dispatched by the victim’s report arrives.

2. On July 30, 2016, the Defendant found the victim C’s house around 15:30 on July 30, 2016, and refused to leave the victim’s house for about 30 minutes until the police officer dispatched by the victim’s report without justifiable grounds until he/she arrives.

3. On September 12, 2016, the Defendant found the victim C’s house on September 12, 2016, around 15:30, around September 15, 2016, and did not comply with the victim’s family member’s request to leave the victim’s house for about 30 minutes, without justifiable grounds, until the police officer dispatched by the victim’s report arrives.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect against the defendant (including a substitute part of examination);

1. Application of Acts and subordinate statutes to a complaint, a report on investigation (limited to attachment to a register of district guardians);

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

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. Penalty fine of 500,000 won to be suspended;

1. Article 70 of the Criminal Act to attract a workhouse.