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(영문) 서울중앙지방법원 2015.07.01 2014고정1844
퇴거불응
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On March 4, 2014, at around 17:00, the Defendant sought to leave the office operated by the victim D (53) in order to receive wages of three million won which was not received while working in the fourth floor office of the Gangnam-gu Seoul Metropolitan Government C building. The victim during the business trip knew that the Defendant had been found in the office, sent the following letters to the Defendant’s cell phone, and demanded the E to leave the office for about one hour, but the Defendant required to leave the office for about one hour.

The Gu refused to comply with the Gu.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Legal statement of witness F;

1. Statement made by the police about D;

1. Application of Acts and subordinate statutes to investigation reports;

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

1. The defendant and his defense counsel asserted that the defendant's act of visiting the victim's office in order to receive wages by failing to pay the victim's wages of three million won, constitutes a justifiable act that does not violate social rules.

The defendant, who was admitted as a whole by taking account of the above evidence, is required to leave.

The extent and time of failure to comply with the Gu, and even if so, there are claims payable.

Even if payment is made through civil procedure, and the debtor's office or office is found to be the debtor's office or office, the need to leave.

In full view of the fact that it is not permitted to refuse to comply with the Gu, the above argument cannot be accepted, since it cannot be evaluated that the defendant's above act satisfies the requirements for the reasonableness, urgency, supplement, etc. of the means or methods required in a justifiable act.

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