Text
A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant entered and returned to D managed by the victim C in Gyeongnam-gun, Gyeongnam-gun, and was dispatched to the police after receiving a report.
around 19:00 on September 19, 2019, the Defendant received the demand from the victim that he would have finished his paying time.
However, the defendant does not respond to the request and until the police officer dispatched by the report of the victim at around 19:34 on the same day, and does not leave the victim's place without justifiable grounds until he/she arrives.
The Gu refused to comply with the Gu.
Summary of Evidence
1. Statement to C by the police;
1. The application of the law to photograph and photograph (the defendant and his defense counsel argued to the effect that the crime of non-compliance with the withdrawal is not established due to the absence of the request for eviction. However, according to the consistent statement from the investigative agency to the witness C from this court, it is recognized that C did not comply with the request of the defendant, as stated in the judgment, even though C did not comply with the request of the defendant for eviction.
1. Article 319 (2) and (1) of the Criminal Act and Article 319 (1) of the Criminal Act concerning the applicable criminal facts, the choice of imprisonment;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Probation Criminal Act is that the Defendant was sentenced to suspension of indictment for the crime of intrusion upon a structure in around 2018, and that the Defendant again committed the instant crime is disadvantageous.
However, in full view of the fact that the victim was the victim's wife against the defendant, the defendant has no means to punish the defendant, the defendant seems to be suffering from mental illness, and all of the sentencing conditions, such as the age, character and conduct, environment, motive for the crime, circumstances after the crime, etc., as shown in the records and arguments of this case, shall be determined as the sentence as ordered.