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(영문) 서울동부지방법원 2016.03.22 2015고정1961
퇴거불응등
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

1. Refusal to withdraw;

A. On September 11, 2015, around 15:00 on September 11, 2015, the Defendant was demanded to request the victim to interfere with business from the victim while entering the cosmetic operated by the victim D in Gangdong-gu Seoul Metropolitan Government to talk about the criminal punishment of the victim's criminal complaint.

However, the Defendant did not comply with it, and the Defendant did not comply with the demand for withdrawal of the victim for about 20 minutes from the same day to the 15:20 day, and did not comply with such demand without justifiable reasons.

B. On September 21, 2015, around 11:30 on September 21, 2015, the Defendant entered the beauty room of the victim’s operation and was demanded to change the business interference from the victim.

However, the Defendant did not comply with it, and the Defendant did not comply with the demand for withdrawal of the victim for about 30 minutes from the same day to 12:00 on the same day, and did not comply with such demand without justifiable reasons.

2. Around September 21, 2015, the Defendant insultingd the victim by openly insulting the victim at the same place as above, and at the same time, in F, “the occurrence occurred” of the victim, which was created by the victim, and went out to the same year of ear, the same year of math, and the cooking.”

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Statement made by the police against D;

1. A written statement in F and G preparation;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant provisions of the Criminal Act and Articles 319(2), 319(1) (the fact of refusing to comply with the eviction and the choice of fines) of the Criminal Act concerning the facts constituting an offense, and Article 311 of the Criminal Act (the point of insult and the selection of fines);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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