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(영문) 인천지방법원 2018.05.31 2018고정739
퇴거불응등
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Defendant was in a de facto marital relationship with a victim B (hereinafter “victim”).

C is the former part of C.

Upon the death of C without receiving consolation money agreed upon at the time of divorce with C, the Defendant filed an application for seizure of movable property in the Seo-gu Incheon Metropolitan City D Apartment E residing with C, and the auction of movable property was conducted around November 28, 2017 at the victim’s residence around 09:50.

1. On November 28, 2017, the Defendant refused to withdraw, on the ground that the bid was awarded to the lower amount of the movable property after the completion of the auction of movable property applied for attachment in Seo-gu Incheon Metropolitan Government D Apartment E, Seo-gu, Incheon, on the ground that the amount “ is so low or low.”

“In doing so, the victim and enforcement officers did not comply with the request for withdrawal by about 30 minutes.”

2. The Defendant damaged property, at the same time and place as above, damaged the property owned by the victim that requires repair equivalent to KRW 1.520,000,000, by putting smells on a glass door, putting them a gold on the floor, putting them on the floor. The Defendant damaged the property owned by the victim, by putting them down on the floor with a telecommunication string, and breaking it down on the floor by hand.

3. In the same time and process as the above paragraph 1 of the insult, in the case of the victim’s prospective fraud, the victim’s preliminary fraud, and in the place where enforcement officers are located, “the year in which the other’s husband is deprived of his husband”, and “her husband’s wife is slicking with his husband in the same manner.”

The victims were openly insulting, such as “the year of the conclusion of the judgment,” “the year of the year,” etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A written complaint and written estimate in B;

1. Application of Acts and subordinate statutes to a criminal investigation report (the attachment of images and photographs submitted by the victim), investigation report (the F relative verification of the enforcement officer);

1. Relevant legal provisions of the Criminal Act, Articles 319(2) and 319(1) (a) of the Criminal Act, Article 366 of the Criminal Act, Article 311 of the Criminal Act, the selection of fines for the crime;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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