(영문) 의정부지방법원 2012.11.16 2012노1887

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(영문) 의정부지방법원 2012.11.16 2012노1887

퇴거불응

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the defendant, who is a multiple-type victim, was allowed to visit the house of the victim by stating that the victim is inside the house of the victim, and the victim was disturbed from the house of the victim, or the victim was urged to leave the house of the victim;

There is no fact that the Gu has received.

Nevertheless, the court below found the defendant guilty on the facts charged of this case, which erred in the misapprehension of legal principles.

2. The following facts acknowledged by the evidence duly adopted and examined by the court below, namely, ① the victim D, who is a type of the defendant, was subject to disturbance for about one hour and 40 minutes at the victim’s house at the investigative agency and the court below’s decision by finding the victim’s house and taking the victim’s bath at the victim’s house, and the victim demanded several times to leave the victim’s house, but the defendant consistently stated that he did not respond to the demand (the investigation record 9-11, the trial record 21-24, the trial record), ② The victim’s wife and the victim’s leakage or E, who is the victim’s wife and the defendant, shall leave the victim several times at the court below

In full view of the following facts: (a) the Defendant made a statement that he/she was unable to comply with the request, without complying therewith, that he/she was unable to bring a disturbance for at least one hour at the victim’s home (the trial record 28-31 pages); (b) the Defendant demanded the Defendant to leave the victim’s house from 21:00 to 22:40 on the day of the instant crime, but the Defendant stated that he/she refused to comply therewith (the investigation record 19,20 pages). In full view of the fact that the Defendant stated that he/she did not comply with the request,

Even if he/she receives a request, he/she may be found to have failed to comply with the request while staying in the office of the victim.

Therefore, the judgment of the court below which found the defendant guilty of the facts charged in this case is just and acceptable, and the judgment of the court below does not seem to contain any error of misconception of facts.

The defendant's above assertion.

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