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(영문) 창원지방법원 2017.06.29 2017고단394

퇴거불응

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Criminal Records] The Defendant was sentenced to six months of imprisonment and two years of suspended execution due to interference with official duties at the Changwon District Court on February 3, 2016, and the judgment became final and conclusive on February 12 of the same month, and is still under suspended execution.

[2] On December 11, 2016, at around 08:00, the Defendant, who run a company with directors, was placed on the sidewalk block (building structures in the degree of kne height to prevent vehicle access), was placed in another place to enter the vehicle, and was requested by the employees of the apartment management office around 09:00 on December 11, 2016, to restore it to its original state.

On December 12, 2016, the Defendant, under the influence of liquor at the above apartment management office around 13:00 on December 13:12, 2016, expressed to the victim C (the 46-year old) (the head of the instant apartment management office), the Defendant, who was the victim of the instant apartment management office, for the reason that he/she was able to use the phone as above, expressed that he/she was “the building building of the field is the building building of the field.”

Around 13:20 on the same day, a police officer called for by the victim's report did not comply with the request to leave the victim without good cause until he/she arrives and is arrested as a current offender.

Summary of Evidence

Application of the law of police statements protocol to Defendant C, D

1. Relevant Article 319 (2) and (1) of the Criminal Act concerning the facts constituting an offense and Articles 319 (1) of the same Act concerning the selection of punishment;

2. Although crimes are committed during the period of suspension of the execution of reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, the period during which the defendant was in the management office is shorter than 20 minutes, the victim does not want the punishment of the defendant, and the punishment shall be determined as ordered in consideration of the fact that the defendant is led to confession and against himself, etc.