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(영문) 서울중앙지방법원 2019.06.19 2018고정2698
퇴거불응
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

Defendant is living without a certain occupation.

At around 09:50 on August 6, 2018, the Defendant refused to leave for a period of 20 minutes, stating that D, a security guard, applies for the name of the deceased at the C Embassy located in Jung-gu Seoul Metropolitan Government, stating that D, “The C Embassy shall not be deemed to have engaged in the business of the name of the deceased,” and requesting the eviction.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Written statements of D;

1. Application of Acts and subordinate statutes concerning investigative reports (related to dynamics and videos);

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Judgment on the Defendant’s assertion under Article 186(1) of the Criminal Procedure Act, which bears litigation costs

1. Withdrawal from D when the alleged defendant visited the Embassy around 09:50 on August 6, 2018

It did not refuse to leave because it did not receive the audience and did not refuse to leave.

2. The crime of non-compliance with the removal order is a de facto residential peace and the benefit and protection of the law, and the removal is required from the building managed by the people.

A crime of non-compliance with eviction shall be established if a person fails to comply with the Gu.

(see, e.g., Supreme Court Decision 2010Do9963, May 24, 2012). Furthermore, even if a place is generally open, the manager may restrict entry as necessary. As such, the manager’s evictions are required.

Notwithstanding the Gu, if a building is not to be removed from the Gu, it shall be a crime of non-compliance with the removal of the actual building.

(see Supreme Court Decision 2009Do12609, Mar. 11, 2010). According to each of the above evidence duly adopted and examined by this court, in order to enter a consul’s office of the C Embassy located in Jung-gu Seoul, Jung-gu, Seoul, the following facts should be revealed: (a) the person’s personal information should be stated in order to enter the consul’s office of the C Embassy located in Jung-gu, Seoul, and the Defendant’s personal information on

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