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(영문) 서울중앙지방법원 2019.02.14 2018노2865
퇴거불응
Text

The prosecutor's appeal is dismissed.

Reasons

1. In full view of the attitude of judicial precedents on the crime of expulsion or non-compliance with the summary of the grounds for appeal, the statement by singing operators D, testimony by enforcement officers, etc., the defendant's eviction out of D

The Gu may fully recognize that it has failed to comply with the Gu.

2. Determination

A. The summary of the facts charged is as follows: (a) around 03:30 on March 23, 2017, the Defendant demanded issuance of a receipt for KRW 50,000,000,00,000,00,000,000,000,000,000,000,000,000,000,000

112 Declarations made 112 and written out from D to the effect that “this difference in singing because it is good to collect fees.”

Even if the request has been received several times, it was rejected.

B. The lower court, based on the facts acknowledged by the evidence, found that the Defendant, under the influence of alcohol, filed 112 reports on the premise that he would bring about accurate costs through the police, while disputing D with the issue of singinginging charges, and that the Defendant was waiting for the reported party in the singing room for about five minutes until the police called out, and thus, during this process, the Defendant was required to leave D.

Even if the Gu did not comply with the request, it is difficult to view that the defendant's refusal to leave the Gu constitutes a crime of refusal to leave the Gu, and it is insufficient to recognize that the defendant was lawfully requested to leave the singing room from D prior to his mind that the defendant reported the 112 report only by other evidence submitted by the prosecutor, and it was found not guilty of the charges on

C. Resignation of the person who enters the residence of the person, etc.

It is established when an actor who is responsible for receiving the Gu and responding thereto does not withdraw. The following circumstances acknowledged by the evidence duly adopted and investigated by the court below, i.e., the process of dispute between the defendant and D, and the defendant's eviction.

The reason for failure to comply with the Gu, D.

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