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(영문) 대구지방법원 김천지원 2014.04.02 2014고정53
퇴거불응
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On November 20, 2013, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) in the Daegu District Court Kimcheon branch on November 20, 2013, and the judgment became final and conclusive on February 14, 2014.

On June 21, 2013, at around 17:00 on June 21, 2013, the Defendant was under the influence of alcohol in the residence of the victim E, a pet in the D 2 restaurant located in Kimcheon-si, Kimcheon-si, and the following day: 12:10 on the following day, the Defendant has contacted the victim to the effect that he was in his house.”

Despite the Gu several times, the Gu did not comply with about 10 minutes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Previous records of judgment: Criminal records, inquiry reports, one copy of case search results bound in the protocol of trial, and application of two copies of judgment to two Acts and subordinate statutes;

1. Relevant Article 319 (2) and (1) of the Criminal Act and Article 319 (1) of the Criminal Act concerning criminal facts, the choice of fines;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition by the assent of all participating Justices on the bench, taking into account the following: (a) agreement with the victim on the reason of sentencing under Article 334(1) of the Criminal Procedure Act; and (b) the equity between the case of violation of the Punishment of Violences, etc. Act (Intimidation by collective groups, deadly weapons, etc.) and the case of concurrent judgment.

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