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(영문) 서울중앙지방법원 2020.06.23 2019고정2580
퇴거불응
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

around 14:00 on October 8, 2019, the Defendant lost in civil litigation because D, an attorney-at-law appointed by the Defendant, who is an attorney-at-law belonging to the above law firm, did not work properly, at the meeting room of the law firm branch in Gangnam-gu Seoul, Seoul, and 10:0,000,000 won out of the attorney-at-law's fees of 10,000,000 won, and was demanded by the victim E, who is an employee of the above law firm, to leave the meeting room.

However, the defendant's non-compliance with the victim's demand to leave about 40 minutes, such as the defendant's non-compliance with the police officer's demand to leave.

The Gu refused to comply with the Gu.

Summary of Evidence

1. Legal statement of witness E;

1. E statements;

1. Application of the Acts and subordinate statutes concerning the arrest of flagrant offenders;

1. Relevant Article 319 (2) and (1) of the Criminal Act and Article 319 (1) of the Criminal Act concerning criminal facts, the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant's summary of the assertion is legitimate in the time of the instant case

There was no Gu, even if there was a legitimate reason to leave.

There was a Gu

Even if it does not violate social rules, the illegality is excluded.

2. Whether a certain act does not violate the social norms and the illegality of an act is excluded should be determined on an individual basis by taking into account the following specific circumstances: (i) legitimacy of the motive or purpose of the act; (ii) reasonableness of the means or method of the act; (iii) balance between the protected interests and the infringed interests; (iv) supplementary nature that there is no other means or method than the act; and (v) supplementary nature that there is no other means or method other than the act.

(see, e.g., Supreme Court Decision 2003Do3000, Sept. 26, 2003). The following are acknowledged based on the evidence duly adopted and examined by the court.

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