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(영문) 광주지방법원 2015.11.19 2015고정1588

퇴거불응등

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

1. The Defendant is a daily worker who works at a construction site, etc.

At around 15:30 on August 1, 2012, the Defendant visited E’s house in Naju F to receive the money that he had been given a loan to E in the “D Manpower Prosecution” located in Naju City.

At this time, E’s son G, who reported the mixed house, entered the remaining entrance door of the lower male's house as a way to lock away and break off the door, and then demanded to leave the defendant again.

However, the defendant does not respond to the request of the victim that he was sent to the state without the door door, and because he was treated as a person who was satisfe by telephone and after being reported by the victim, he did not leave the victim's place without justifiable reasons, such as demanding that the victim be sent to him, opening the door and the glass door for about 30 minutes until the police officer dispatched upon receipt of the victim's report, and opening the door and speaking, opening the brue network, opening the brue of the benda, and opening the door to visit the ward, and sending the door to the ward.

The Gu refused to comply with the Gu.

2. Intimidation: (a) the Defendant expressed the attitude that, on the ground that the victim demanded the victim to leave as above and reported the Defendant to the police, the Defendant reported the Defendant’s refusal to do so to the police, the victim’s “if you reported the Defendant, the death would be discarded, and the inside prison was also taken several times; and (b) the Defendant expressed the attitude that the victim would have any danger and injury to the victim by walking the visit at several times.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Photographs at the time of dispatch of the site;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of a photograph of impulse);

1. Relevant Article 319(2) and (1) of the Criminal Act, Article 283(1) of the Criminal Act and Article 283 of the Criminal Act concerning criminal facts, the choice of fines, respectively;

1. Article 37 of the Criminal Code among concurrent crimes.