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(영문) 광주지방법원 2015.04.28 2015고정56
폭력행위등처벌에관한법률위반(공동퇴거불응)
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

around 03:00 on November 14, 2014, the Defendant and C drink the victim E (54 years of age, n) in the F general restaurant operated in North-gu, Gwangju, about 03:0, the Defendant and C did not drink the victim prior to the end of the business at two times, and C did not call that the victim would end the business at two times, and C, “in the case of drinking, she will bring about drinking drinking drinking to she will bring about drinking drinking to her?” The Defendant “I have the right to go to singing in singing, as this year,” and “I have the right to go to singing, I have the victim’s children who arrive, and even if I have been under contact with the victim, I have taken the bath to her return home.” In this context, I had to do so.

At around 04:50 on the same day, the Defendant and C continued to comply with the report by the victim, stating that the police officer, who was called out by the victim, was "Ismah Madra" and did not comply with it.

As above, the defendant jointly with C to leave without justifiable grounds.

The Gu refused to comply with the Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Statement to E by the police;

1. Application of statutes on field photographs;

1. Article 2 (2) and (1) 1 of the Act on the Punishment of Violences, etc. and Selection of Punishment of Specific Crimes and Article 319 (2) and (1) of the Criminal Act;

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

1. The sentencing reason of Article 334(1) of the Criminal Procedure Act Article 334(1) of the order of provisional payment shall be determined by comprehensively taking into account the following factors: the defendant does not want the punishment of the defendant by mutual consent with the victim; and the defendant's age, character, conduct and environment, etc.

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