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(영문) 부산지방법원 동부지원 2020.05.12 2020고정12
퇴거불응
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

On September 4, 2019, from around 17:30 to 18:37 of the same day, the Defendant demanded the victim, a lessor, to change the balance of the monthly rent deposit from around 17:30 to KRW 1,00,000,000 between the victim D (56 years of age) located in Nam-gu, Busan.

At this time, the victim demanded to leave from his house to move, but the victim did not comply with the request to leave.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to report on investigation (report on hearing statements by victims);

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

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

1. The defendant and his defense counsel asserted as to the assertion of the defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act of the provisional payment order. The defendant asserts that the defendant's refusal to leave of this case is a justifiable act with a view to returning the lease deposit from the victim, which

However, according to the evidence duly adopted and examined by this court, the victim did not return part of the lease deposit to the defendant, as asserted by the defendant and his defense counsel.

Even in the case of leaving the victim

In response to the Gu's failure, the defendant's act of having a certain amount of time in the victim's residence does not constitute a justifiable act with reasonableness of means of means, balance between protected interests and infringed interests, and complementary nature.

Therefore, the above argument by the defendant and defense counsel cannot be accepted.

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