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(영문) 서울북부지방법원 2018.02.07 2017고정1821
퇴거불응등
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

The defendant is the mother of the victim C ( South, 51 years of age).

1. On July 18, 2017, the Defendant refused to leave, at the home of the victim of Seongbuk-gu Seoul building 1402, the Seongbuk-gu Seoul building D, opened a door to enter the house, and then sent KRW 300,000 per month to the victim and his wife.

In other words, the victim demanded to do so, and the victim demanded that she "I am her son, her son, and her son son her son her son.", but the defendant did not leave.

As a result, the defendant stayed in the house for about 30 minutes despite the request for eviction by the victim, and refused to comply with the request for eviction by the victim.

2. Intimidation: (a) the Defendant: (b) did not respond to the victim’s horse that demands money at the time and place specified in paragraph (1); (c) took the kitchen which was placed in his own kitchen, and (d) told the victim of the death of the kitchen, intending to kill the kitchen with the kitchen, etc.; and (c) attempted to take the kitchen with the kitchen.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against C;

1. Application of C’s written laws and regulations

1. Relevant legal provisions of the Criminal Act, Article 319(2) of the Criminal Act (in the case of refusal to withdraw), Article 283(1) of the Criminal Act (in the case of intimidation) and the selection of each fine for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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