(영문) 서울중앙지방법원 2020.04.08 2019고정2934

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(영문) 서울중앙지방법원 2020.04.08 2019고정2934

퇴거불응

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant introduced 45,000 won per day through B's manpower office located in Gwangjin-gu Seoul Metropolitan Government, which was located in the "E" restaurant operated by the victim D in Seocho-gu Seoul Metropolitan Government, and operated the above restaurant from October 21, 2019 to October 10:30 of the same day, and demanded that 45,000 won be paid per day from the victim, 5,000 won be added to the daily amount, and there was a dispute with the victim.

The defendant, from around 15:35 on October 21, 2019 to 16:50 on the same day, requested the victim to continuously change the amount of KRW 5,00 per day to 5,00,00 per day, and demanded the victim to move in the restaurant, and did not comply with the demand of the victim to go in the restaurant, but did not comply with the demand of the police officer to go in the restaurant, at around 16:50 on the same day.

Exclusion of victims, etc. without any justifiable reason, such as failure to comply with the Gu, for about one hour;

The Gu refused to comply with the Gu.

Summary of Evidence

1. Partial statement of the defendant;

1. Written statements of D;

1. Investigation report (related to the suspect A and the human resources office in the contact with the defendant) and defense counsel, and the defendant leaves from a restaurant business operator or police officer;

There is no Gu's receipt, and there is no intention to refuse to leave, so there is no crime of refusing to leave, and the defendant's act asserts that it does not go against the social rules.

In light of the following circumstances, the evidence duly adopted and examined in this court is comprehensively admitted: (a) the victim stated in the investigative agency that “after completion of the work, 45,000 won, which was 45,000 won after completion of the work, was required to make a report, 5,000 won, and her desire to do so; and (b) the police officer continuously requested to leave from the shop for about one hour after the passage, but the police officer did not leave the shop regularly; and (c) the statement is deemed to have credibility; and (d) the defendant requested to leave the restaurant for one hour after the request to leave the restaurant.

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