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(영문) 대구지방법원 2017.07.07 2017고단2595
퇴거불응등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. That the Defendant refused to leave from April 15, 2017 to around 08:00, the Defendant left the husband of a female at the house of the victim C (V, 43 years old) of the building B in Busan Metropolitan City between 08:20 and around 10:20.

"All things in the house" shall be attached to the house.

B. B. B. B. B. L. B. L. L. B. L. L. L. B. L. L. L. L. L. L. L. L. L. L. B. L. L. L. L. L. L. L. B.

However, the defendant did not respond to the request for the withdrawal of the victim, without justifiable reasons, until the police officer dispatched by the report of the victim around 15:40 on the same day arrives.

2. The Defendant of the assault refers to the date and time set forth in paragraph 1, and whether it is why the victim requires that the Defendant leave from his home at the same time and place.

“Along with the location of the victim, the victim was frightened by putting frightenk Kim on the lower table of the living room, and assaulted the victim by putting the victim on the chest of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement made to C by the police in the protocol; and

1. Application of Acts and subordinate statutes on images of photographs;

1. Relevant legal provisions of the Criminal Act, Articles 319(2) and 319(1) of the Criminal Act (in cases of refusing to withdraw), Article 260(1) of the Criminal Act (in cases of assault) of the Criminal Act, and the choice of imprisonment, respectively;

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. Reasons for sentencing under Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 62(1) of the Suspension of Execution (see, e.g., Supreme Court Decision 2009Da1548, Apr. 2, 2007) (see, 201; Decision 209Da1548, Apr. 1, 200) (see, 200; Decision 209Da1166, Apr. 2, 200)) (see, 209; Decision 209Da1138, Apr. 2, 200)) (see, 209; Decision 2009Da11468, Apr. 2,

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