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(영문) 의정부지방법원 고양지원 2012.08.30 2012고정697
퇴거불응
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On January 18, 2012, the Defendant: (a) within the residence of the victim D, who is a type of a building Nos. 1401 Dong 1203, Yongsan-gu, Yongsan-gu, Sinyang-si, Sinyang-si; (b) on the ground that the Defendant was not paid adequate wages at the time of working in a used vehicle export company for which the victim was represented during the eight years prior to the Defendant’s time of working, the Defendant’s humping, such as “new hums,” and then

Before 22:40, he/she remains in the above residence for about 40 minutes and leaves the residence for about 1 hour and 22:40.

The Gu refused to comply with the Gu.

Summary of Evidence

1. A legal statement made in part appropriate to the defendant's statements;

1. Each legal statement of witness E and D;

1. Application of the police statement law to D;

1. Relevant Article 319 (2) of the Criminal Act and Article 319 (2) of the Criminal Act concerning the crime, the choice of a fine;

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

1. According to Article 334(1) of the Criminal Procedure Act, the punishment amount as above shall be determined by comprehensively taking into account all the following factors: (a) the Defendant’s reason for sentencing under Article 334(1) has no special record of crime except for several previous offenses; (b) the background and motive leading up to the Defendant; (c) the victim’s blood relationship with the Defendant and the victim do not want punishment against the Defendant; and (d) the means and consequence of the instant crime; and (c) the means and consequence of the instant crime;

It is so decided as per Disposition for the above reasons.

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