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(영문) 대구지방법원 2018.05.18 2018고정181
퇴거불응등
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On April 30, 2018, the Defendant was sentenced to two years of imprisonment with prison labor for a special injury, etc. at the Suwon Friwon method, and the same year.

5.9 The judgment became final and conclusive.

1. On July 14, 2017, the Defendant refused to comply with the demand for eviction from the victim C’s house of Daegu Jung-gu building No. 205 on July 14, 2017, to the end of 04:35 on the same day, even though the victim demands to be able to choose from the house, and the victim demands to do so.

2. The Defendant assaulted the victim’s face at around 04:35 on the above day, she added a blicker, she added his/her hair, and then flicked his/her hair.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Previous convictions: The application of Acts and subordinate statutes after inquiring about criminal history and reporting the results of previous convictions;

1. Relevant Article 319 (2) and (1) of the Criminal Act concerning the facts constituting an offense, and Article 319 (1) of the Criminal Act concerning the selection of punishment, and Article 260 (1) of the Criminal Act (Selection of each fine);

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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. The sentencing of Article 39(1) of the Exempted Criminal Act was sentenced to imprisonment with prison labor for two years, as stated in the first head of the crime committed in the judgment that committed the crimes of this case before and after the commission of the crime of this case in 2017.

In addition, the crime of this case and name of the crime of this case include the same crime of violence and non-compliance with the withdrawal, and larceny against the same victim.

Considering the circumstances and degree of damage of the instant crime, it does not seem that the punishment has changed even if the judgment was adjudicated at the same time in the case where the judgment became final and conclusive.

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