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(영문) 대전지방법원 2016.11.18 2016고정1041
퇴거불응
Text

1. The defendant shall be punished by a fine of 700,000 won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

The defendant is a person engaged in agriculture.

In around 2014, the Defendant filed a civil petition with the head of Simsan-gun, Simsan-gun, Simsan-gun, Simsan-gun, in the vicinity of the Defendant’s residence.

Accordingly, on May 2015, the head of the Simsan Gun imposed an administrative fine of KRW 2 million on D who manages the cemetery and ordered the relocation of the cemetery.

D) On February 2, 2016, upon filing an objection to the imposition of the above administrative fine, the Daejeon District Court rendered a decision of KRW 500,000,000.

Around 09:40 on March 15, 2016, the Defendant demanded F who is a public official in charge of E to deliver a written objection related to the above civil petition and a written decision of the Daejeon District Court, and demanded F to inform F of the relationship between the remains, D, etc. of the relevant grave.

The F notified that the demand of the defendant was a violation of D's personal information and thus cannot be known.

From that time to 21:49 on the same day, the defendant shall hear an explanation that he/she is unable to accept the request of the defendant from the above F and shall leave the military court on several occasions.

It is required to leave the building managed by another person because it is not required to deliver D's written objection, etc. even after receipt of the Gu.

The Gu did not comply with the Gu's order.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Statement of reference to the prosecution concerning the F;

1. The police statement concerning F;

1. A criminal investigation report (in cases of attaching a document, etc. submitted), investigation report (in cases of submission of F reference materials);

1. The investigation report (Attachment of photographs);

1. The public official in charge of the information disclosure request, the public official in charge of the accused and the defense counsel who knows the progress following the petition for installation of an illegal cemetery, shall refuse to disclose the information;

The Gu is illegal, and even if it is not so, the defendant's request for disclosure of information, and the military office's refusal to leave constitutes a justifiable act.

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