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(영문) 울산지방법원 2020.9.10.선고 2020고단1780 판결

퇴거불응

Cases

200 Highest 1780 Withdrawals

Defendant

Park Jong-Defendant, 63-years, South Korea, Labor

Residential Ulsan

Reference domicile

Prosecutor

Kim Tae-tae (Public Prosecution), Shin-ho (Public trial)

Imposition of Judgment

September 10, 2020

Text

Defendant shall be punished by a fine of four million won. If the Defendant does not pay the above fine, the Defendant shall be confined in a workhouse for a period of one hundred thousand won converted into one day.

In order to order the provisional payment of an amount equivalent to the above fine.

Reasons

Criminal History Office

On April 1, 2020, the Defendant received medical treatment after being transferred to the emergency department of ○○ Hospital located in Ulsan-gu due to traffic accidents, and did not accept the Defendant’s request for hospitalization and the issuance of a medical certificate. However, despite the Defendant’s request for withdrawal from the emergency department, the Defendant, despite the said emergency department’s demand for evacuation from the emergency department, “in hospitalization, it is not known that other persons are not able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be d

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a statement of statement by the police officer against an applicant;

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 319(2) and (1) of the Criminal Act (Selection of Fine)

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that the crime of this case was committed in an emergency room during the period of repeated crime, or that it was committed at least three years after the release of the case, and its mistake is recognized, and that the time of refusal to leave is not limited to 20 minutes, and there was no particular exercise of force, and the punishment is determined as ordered, taking into account all the circumstances shown in the records, such as the defendant's age, character and behavior, environment, and circumstances after the crime.

Judges

Judges Kim Jae-hwan