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(영문) 대구지방법원 상주지원 2016.04.19 2015고단517
퇴거불응등
Text

1. The sentence against Defendant A shall be suspended;

2. The public prosecution against Defendant B is dismissed.

Reasons

Criminal facts (Defendant A)

1. The defendant A and the victim B are in a relationship between fraud and the mother, and the defendant A is in a separate state from around one year ago due to family problem with the spouse E.

Defendant

A around September 23:00 on September 19, 2015, at the house of the victim B located in the F apartment 101 Dong 630, 101, and around 23:00, he/she will take the children who are staying in that place.

At the same time, the victim tried to enter the new place as a new one. On this issue, the victim demanded that the two arms be prevented by blocking them.

Nevertheless, Defendant A refused to comply with the request for withdrawal of the victim without any justifiable reason by taking away the cell phone of the victim who intends to report to the police within the above residential area without complying with it.

2. On September 19, 2015, Defendant A, at the place indicated in the judgment around 23:20 on September 19, 2015, destroyed the main body and distribution of the cell phone left on the floor by cutting off the cell phone owned by the victim from 112 reporting the victim B to the cellular phone, and destroying the body and distribution of the cell phone left on the seed floor to the extent that the victim

Summary of Evidence

1. Statement of witness E in the fourth public trial protocol;

1. Legal statement of the witness B;

1. Part of the protocol concerning the examination of suspect against the defendant A

1. The protocol and statement of the police interrogation protocol and the statement about B regarding the suspect interrogation of the defendant and his family members (In full view of the above evidence, the defendant and his family members entered the victim B's house and brought their children to the defendant and their family members, and they entered the victim B as a means of the defendant and their family members at the time, and changed from the house.

It can be recognized that the request for withdrawal is a crime of non-compliance with the law.

1. Relevant legal provisions concerning facts constituting an offense, Articles 319(2) and 319(1) of the Criminal Act (the point of refusing to withdraw), Article 366 of the Criminal Act (the point of destroying property), the choice of fines [the crime of damaging property as prescribed in Article 366 of the Criminal Act shall be damaged or damaged by another person's property];

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