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(영문) 제주지방법원 2020.10.30 2020고정251

퇴거불응

Text

The defendant shall be innocent.

Reasons

1. On November 15, 2019, the Defendant, at Jeju-si B apartment (hereinafter “instant apartment”) around 21:20, in the instant facts charged, contacted the victim’s residence by failing to comply with the request of the victim to change the management expenses of the apartment in his/her residence, and allowing the Defendant to enter the residence of the victim by making the Defendant expecting the entrance for about 15 minutes in advance of the entrance or by making a hand over the entrance in front of the entrance until 21:35 of the same day without complying with the said request.

2. Determination

A. In a criminal trial, the burden of proving the facts constituting the crime prosecuted is to be borne by the prosecutor, and the conviction is to be based on the evidence of probative value, which makes the judge feel true enough to have no reasonable doubt. Therefore, if there is no such evidence, the suspect is suspected of guilt even in the absence of such evidence.

Even if there is no choice but to judge the interests of the defendant.

B. In full view of the evidence duly admitted and investigated by the court, the evidence submitted by the prosecutor alone is insufficient to find the Defendant guilty of the above charges, and there is no other evidence to acknowledge the charges.

1) The Defendant is the general secretary of the instant apartment association, and the victim is the resident. The victim was unpaid several months of management expenses, and the Defendant visited the victim’s house to urge the payment of management expenses at the time of the instant case. 2) According to the images taken by the victim, the victim opened his house, and the Defendant did not enter the front door and talk with the victim.

3 The facts charged are that the defendant did not enter the entrance to the door, but did so in the process of talking, and the defendant's selling was into the door and invaded upon the victim's residence.