beta
(영문) 부산지방법원 동부지원 2018.05.02 2018고정48

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. On October 3, 2017, the Defendant refused to leave the Defendant: (a) the victim’s dwelling at the victim D (54 tax) on the Busan Maritime Transportation Daegu C rooftop does not allow other customers to take a bath; and (b) the Defendant stated that the victim would not take a bath at the victim D (54 tax)’s dwelling at the Busan Maritime Transportation Daegu C rooftop.

for this reason, the defendant will take the examination of the victim.

The name of the victim has been changed, and the victim has opened the entrance door of the victim's residence, and has been demanded several times to leave the victim, but the defendant did not comply with the request, but did not leave the victim.

2. On October 3, 2017, the Defendant: (a) around 12:20 on October 3, 2017, the Defendant: (b) at the E bath operated by the Victim D (54) located in Busan Shipping Daegu C, the victim would not put the Defendant into the bath at the request of other customers.

For this reason, whether the Defendant made such a speech is a person or not.

At the same time, the victim's public bath business was obstructed by force for about 20 minutes with large sounds.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Each internal investigation report (the defendant and his defense counsel asserts to the effect that there was no request from the injured party for eviction, and that there was no fact about the bath operated by the injured party at the time of interference with his/her duties.

However, when comprehensively examining the testimony of D, the scene of the case, and the internal investigation report on the situation before and after the crime, etc., the victim may have a large amount of sound to find the victim's residence and place of business on October 3, 2017 and interfere with the business, and sufficiently recognize the fact that the victim has refused to leave.

Application of Statutes

1. Relevant legal provisions of the Criminal Act, Article 319(2) of the Criminal Act (in the case of refusal to withdraw), Article 314(1) of the Criminal Act (in the case of obstruction of business) and the selection of fines for the crime;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Article 186(1) of the Criminal Procedure Act, which means the cost of lawsuit.