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(영문) 대구지방법원 경주지원 2018.11.28 2018고정130
퇴거불응등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On July 15, 2017, the Defendant refused to withdraw, around 07:30, the Defendant: (a) discovered in order to receive money from the victim D (62:30; (b) caused disturbance, such as opening the entrance door of the victim, opening the door door, and opening the door door, and (c) opened the door door to the victim after hearing the sound.

At around 07:40 on the same day, the Defendant continuously received a demand from the victim to pay money to the victim by entering the entrance door of the victim's residence and bringing the victim to pay money, and even if the Defendant received a demand from the victim to pay money on seven-eight occasions, he/she shall pay money from about 30 minutes of the victim's residence to October of the same day.

The victim did not leave the victim's residence while avoiding the disturbance, and the victim did not comply with the request to leave without justifiable reasons.

Accordingly, the defendant did not comply with the demand of the victim to leave his residence.

2. On July 19, 2017, around 09:40, the injured Defendant was found in the first floor room of the F hotel in Sin-si on the ground that the said injured person did not repay the Defendant’s money, and the said F hotel office was found in the above F hotel room where the injured person was working for the injured party on the ground that he did not repay the Defendant’s money, from the office side toilets to the workplace as a debt issue from the person who was injured by the drinking-child.

In this regard, the victim suffered bodily injury, such as cerebral dynassis, which requires approximately three weeks of medical treatment, due to drinking and salivation, in which the victim's face and body part can be recovered.

Accordingly, the defendant injured the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each legal statement of witness D and G;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant legal provisions of the Criminal Act concerning the facts constituting an offense, Article 319(2), Article 319(1) of the Criminal Act (the point of refusing to comply with the eviction and the choice of fines), and Article 257(1) of the Criminal Act (the point of injury);

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. The Criminal Act to attract a workhouse;

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