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(영문) 서울중앙지방법원 2013.04.05 2012노4175
퇴거불응
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the records, the first instance court acquitted the Defendant for the purport that the Defendant cannot be the main agent of the crime of refusing to leave as a co-resident since the fact-finding or misunderstanding of legal principles on the summary of the grounds for appeal ( long as a de facto marital relationship has disappearedd on February 1, 201, it cannot be deemed that the Defendant is the co-resident of the instant apartment leased by the victim. Thus, even though the Defendant demanded the Defendant to leave the said apartment on February 13, 2012, the Defendant’s failure to comply with the demand for leaving the apartment constitutes the crime of refusing to leave the apartment constitutes the crime of refusing to leave the apartment).

3. Accordingly, we cannot accept the prosecutor’s appeal under Article 364(4) of the Criminal Procedure Act.

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