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Reasons
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(영문) 대구지방법원 포항지원 2015.04.22 2014고정443
퇴거불응
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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

At around 12:20 on January 31, 2014, the Defendant found the Defendant’s entire wife victim D, who had been suffering from the Defendant and the victim, and talked about the issue of bringing up the Defendant and the victim. On several occasions, the Defendant did not comply with the Defendant’s request from the victim for bringing up the Defendant at the above residence. On the same day, the Defendant did not comply with the demand of the victim for bringing up the Defendant at the above residence. On the same day, on around 13:20 on the same day, the police box of the racing and Police Station E-abs, dispatched upon receipt of the victim’s request from the victim, and the F, upon receipt of the victim’s request, demanded the victim to bring the Defendant back at the above residence,

The Gu refused to comply with the Gu.

Summary of Evidence

1. Application of the Acts and subordinate statutes on witness F and D's respective statutory statements;

1. Article 319 (2) and (1) of the Criminal Act applicable to the relevant criminal facts and the choice of punishment;

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. Judgment on the assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. Summary of the assertion D and his/her family members who leave the defendant;

There has been no Gu.

2. According to the evidence duly adopted and examined by this court, the fact that D and his family members requested the defendant to leave the military, but the defendant did not respond to the request, that D's 112 report his her her son's son's son was dispatched to D's residence, and that the defendant dispatched to F's son's residence after her dispatch

Since it can be recognized that the defendant and the defense counsel have not continued to comply with the Gu, the above argument is without merit.

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