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(영문) 서울중앙지방법원 2017.05.25 2017노399
퇴거불응등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Article 319(2) of the Criminal Act provides that a person who fails to comply with a request for eviction constitutes a crime of refusing to withdraw, “where he/she fails to comply with the request for eviction.” However, the Defendant did not have received a request for eviction from D employee.

Even if the eviction was demanded, the eviction was required.

Even if the defendant receives necessary documents from D, there is a justifiable reason to refuse to comply with the withdrawal.

2) The Defendant, at the time of the opening of subways, attempted to settle the instant card with T-mone (T-money) card located on a mobile phone at the opening of subways, but failed to recognize the said card, requested the Defendant to take measures against the victim who caused the service. However, the Defendant, while the Defendant, at the opening of subways, asked the victim to purchase the boarding tickets in cash and provided the victim with the “nick ..........., with the age of the age of the age”, he did not say that the Defendant “nick ....,” but did not say that the Defendant “nick ......”

In addition, the Defendant’s obsting of the victim as above constitutes an act that is socially significant, since it is merely against the victim’s obsing and putting the victim at first.

B. The sentence of the lower court (an amount of KRW 1,300,000) that is unfair in sentencing is too unreasonable.

2. Determination

A. Article 319(2) of the Criminal Act provides that “Where a person fails to comply with a request for eviction from his/her dwelling, managed building, structure, ship, aircraft, or occupied room” shall be deemed a crime of refusing to comply with the request for eviction. The subject of the request for eviction is, in principle, a residential person, manager, or occupant, but the person delegated by him/her or his/her agent may also demand the eviction.

According to the evidence duly adopted and examined by the court below, D buildings in Jung-gu Seoul Metropolitan Government C are managed by the J, and E is the J.

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