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(영문) 대전지방법원 천안지원 2018.11.29 2018고정514
퇴거불응
Text

The defendant shall be innocent.

Reasons

1. On April 23, 2018, the Defendant: (a) requested the victim’s “E” operated by the victim D in Nam-gu, Nam-gu, Nam-gu, Dong-gu, Dong-gu, to see the fact that the victim had made a fluence to the head of the Secretariat of the missionary mission of the victim to which he belongs; and (b) received a demand from the victim.

However, the Defendant did not comply with the demand of the victim to leave the scene without justifiable reasons until the police officer dispatched after receiving a report from the victim around 16:15 on the same day arrives.

2. The Defendant, on April 20, 2018, concluded that the victim had no legitimate authority to demand the withdrawal of the Defendant on the date and time indicated in the facts charged after the victim finished the business of “E” (hereinafter “E”) (hereinafter “the instant car page”).

The charges are denied by asserting that they are facts charged.

Since the crime of intrusion upon residence and the crime of refusing to leave is de facto protecting the peace and interests of the dwelling, the establishment of the crime does not depend on whether a resident or a person between the residents has the right to live or cross-faced in a building, etc., and therefore, the victim does not immediately refuse to leave merely because the victim did not have the right to operate or manage the instant car page as the defendant's assertion.

However, in full view of the following circumstances acknowledged by each evidence duly adopted and investigated by the court, the victim’s de facto peace and peace in the possession of the instant car page was established at the date indicated in the facts charged.

Inasmuch as it is insufficient to see that the defendant's failure to comply with the victim's eviction request was proved without reasonable doubt to undermine the peace of the victim's de facto residence.

shall not be deemed to exist.

A. The Defendant and the victim are pastors, and the instant car page is a space for the friendship, rest, study, etc. of the believers by the Defendant and the victim.

The church believerss.

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