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(영문) 수원지방법원 2018.05.24 2018고정353
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 December 10, 2017, from around 14:50 to 15:40 of the same day, the Defendant refused to withdraw from the victim’s demand because he/she drinking alcohol at the house of the victim C (56:00 to 56:0 of the same day) located in the Ulsung City B, and the victim demanded that he/she be able to return home only.

2. The Defendant, as of the same day, does not leave the house of the same C at around 15:21 on the same day as that of paragraph (1) and, upon receipt of a report at the same place, recommended a slope victim D (47 years old) and victim E (53 years old) to return home to the scene, he/she is raising to the victim D;

B. The expression of why the weather in the Republic of Korea would be why it would be why it would be why, and the victim D and E are faced with the residents who were arrested in the flagrant offender due to the non-compliance with the eviction and live outside, among the residents and C in the vicinity of the elderly, the victim E are raising.

National Security System shall be established if the police officer has received a report on the spot.

니들 뭐하는 거야 씨 발!!! 지랄하고 있네!!!

However, the victims were openly insulting by continuing to express their desire to do so.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. Investigation report (as to the motion picture taken by a portable phone):

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 319 (2) and (1) of the Criminal Act of the relevant Article of the Criminal Act concerning the facts constituting an offense (the point of refusal to leave) and Article 311 of the Criminal Act (the point of insult);

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (joint crimes of insult);

1. Selection of each alternative fine for punishment;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is recognized as erroneous by the accused, and the fact that the above victim did not want the punishment of the accused under an agreement with the victim C of the crime of refusing to withdraw, etc. is favorable to the accused.

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