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(영문) 대구지방법원 서부지원 2016.09.28 2016고정250
퇴거불응
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is legally and legally married between the victim C and his husband, or is currently in a divorce lawsuit.

On December 11, 2015, the Defendant would provide smartphones to E at the location where the victim located in Daegu-gu, Seogu, Daegu-gu, Seoul-gu, where he resides.

After entering the Republic of Korea, even if the victim was demanded from the victim to leave the house several times, it was rejected, and even if the victim received a report from the victim until 22:10 on the same day and received the request from the police officer to return home, the victim did not comply with it.

Accordingly, the defendant did not comply with the demand of the victim to leave without justifiable reasons.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Application of applicable Acts and subordinate statutes to reporting self-contributed;

1. Article 319 (2) and Article 319 (1) of the Criminal Act concerning the facts constituting an offense (excluding punishment) of the relevant Act;

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;

1. Article 186(1) of the Criminal Procedure Act (Article 186(1) of the Act on Litigation Cost-Bearing the Costs of Litigation (Article 186(1) of the Act) provides that an act of money in his/her residence continues without complying with the request of the victim who is a joint resident, even if the defendant lawfully entered the victim’

In addition, at the time of the instant case, the Defendant was convicted of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (indecent conduct by blood relatives) and violating child welfare laws by the resident settlement support of Daegu District Court 2015 and 48 (the appellate court of the instant case found the Defendant guilty of forced indecent conduct by blood relatives and child welfare law except for some facts charged) is justifiable and reasonable to deem that the Defendant’s refusal to leave is without justifiable grounds.)

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