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(영문) 부산지방법원 동부지원 2017.08.23 2017고단1001
퇴거불응등
Text

A fine of two million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On April 14, 2017, the defendant received a demand on April 14, 2017 that "D" main points operated by the victim C in Suwon-gu B, Busan, and that "the business hours have been changed from the damaged person."

However, the defendant did not respond to it and did not comply with the request for withdrawal from the victim without justifiable reasons until the police officer who will move out by the victim's report at around 03:20 on the same day arrives.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement prepared in C;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 319 (2) and Article 319 (1) of the Criminal Act applicable to the relevant criminal facts and Articles 319 (2) and (1) of the Criminal Act that choose a penalty;

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

1. The crime of this case with the reason for sentencing under Article 334(1) of the Criminal Procedure Act is an unfavorable circumstance, such as: (a) the crime of this case committed in response to the request for withdrawal from another’s place of business; (b) the nature of the crime is not good; and (c) the Defendant re-offending even during the period of repeated offense.

However, it is favorable for the defendant to recognize the facts charged and seriously reflect it, and the fact that the defendant has reached an agreement with the victim.

In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.

[Sentencing Criteria] - The portion of dismissing public prosecution without setting the sentencing criteria

1. On April 14, 2017, at the main point of “D” operated by the victim C in Suwon-gu, Busan, on April 14, 2017, the Defendant: (a) was demanded to return home from the police officer E, who was dispatched after receiving the 112 report; (b) was in the victim’s hearing by C, the Defendant: (c) was able to pay the money to the Defendant; (d) was frighted to the name of the bitch; and (e) was frighted to the bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch

Meba bit bitch bitch bitch bitch bitch bitch bitant, who is openly expressed the victim at a large interest.

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