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(영문) 의정부지방법원 2013.10.30 2013고정1129

퇴거불응

Text

Defendant shall be punished by a fine of KRW 1,200,00.

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

Reasons

Punishment of the crime

"2013 High Court 1129"

1. At around 11:20 on December 14, 2012, the Defendant received a demand from the victim to “F Licensed Real Estate Agent’s Office operated by the Victim E in the Gyeonggi-si, Gyeonggi-si, to change business hours.”

However, the defendant does not respond to it and does not leave the victim's office for about 10 minutes until the victim left the office without justifiable grounds.

The Gu refused to comply with the Gu.

2. At around 11:40 on December 14, 2012, the Defendant entered the victim who is avoiding the Defendant into the said “F Licensed Real Estate Agent Office” office as the victim, and received a demand from the victim to “B” several times.

However, the defendant does not comply with it and does not leave the victim's office for about five minutes until the victim left the office without justifiable grounds.

The Gu refused to comply with the Gu.

On December 17, 2012, the Defendant: (a) entered the F Licensed Real Estate Agent Office operated by the victim E on the D1st floor at Guri-si, Guri-si, on December 17, 2012; (b) demanded the said victim to continue to meet with the foregoing in advance; and (c) received demand from the said victim for a different request from the said victim.

However, the defendant does not respond to it and has an office of the victim until the police officer dispatched by a report of the victim at around 13:13 on the same day arrives, and the defendant leaves the office without justifiable reasons.

The Gu refused to comply with the Gu.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A criminal investigation report (attaching a report, such as a list of 112 reports);

1. Application of Acts and subordinate statutes to investigation reports (in Part III of the 112 Reporting Report List);

1. Relevant Article 319 (2) and (1) of the Criminal Act and the choice of punishment for the crime, and the choice of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. As to the assertion of the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act regarding the provisional payment order, the Defendant and his defense counsel had not received any payment from the victim.