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(영문) 전주지방법원 2015.05.01 2015노120
퇴거불응
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In response to the request for eviction, the Defendant was arrested out of the former District Prosecutors' Office, and thus does not constitute a crime of non-compliance with eviction.

B. The sentence (one million won of fine) imposed by the lower court is too unreasonable.

2. Determination

A. Judgment on the assertion of misunderstanding of facts

It is established by failure to comply with the Gu, and is required to leave.

The Gu shall meet one time, and required to leave the Gu.

It is an immediate crime that is the immediate crime by not immediately responding to the Gu after receiving the Gu.

(2) According to the evidence duly adopted and examined by the lower court, the investigator, etc. of the Jeonju District Prosecutors’ Office refers to the outside of the public prosecutor’s office building, and demands the Defendant several times to go out of the above building. Nevertheless, the Defendant continued to give sound to the above investigators, etc., without going through the above building, and thereafter, it can be acknowledged that the Defendant moved to the rest area adjacent to the public prosecutor’s office’s civil petition office.

(3) According to the above facts of recognition, the Defendant’s expulsion from the former District Prosecutor’s Office

It is reasonable to see that the defendant did not immediately respond after receiving the Gu, and also it is difficult to see that the defendant went out of the above building in light of the direction of the defendant's movement.

Therefore, the defendant's assertion of mistake is without merit.

B. The defendant's evictions at the time of the instant case

It is recognized that there was no time to refuse to comply with the Gu.

However, the crime of this case was committed since 9:00 a.m. on the day of this case due to the fact that the defendant does not have the investigation result in his mind, leading to the disturbance from around the Jeonju District Public Prosecutors' Office, which is a public agency, and then is required to leave after entering the

In light of the circumstances and methods of the crime, etc., the crime is not easy to be committed in the Gu, and the defendant denies the crime and reflects the mistake.

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