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(영문) 창원지방법원 2020.08.27 2020고단1839
퇴거불응등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

At around 04:00 on June 3, 2020, the Defendant refused to comply with the demand of the victim to leave the victim without justifiable reasons, such as holding the victim's “D' operated by the victim C (hereinafter referred to as the “D”) of the first underground floor in Seongbuk-gu, Seongbuk-gu, Sungwon-si, Sungwon-si, 200, but failing to comply with the demand of the victim to leave the victim, until he is arrested by the police officer dispatched pursuant to the victim's 112 report on the same day at around 05:15 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police about C, E statement;

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

1. Article 319 (2) and (1) of the Criminal Act applicable to the relevant criminal facts and the choice of punishment;

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

1. The crime of this case on the ground of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is required to be withdrawn from the place of business of others

In response to the Gu, there is a disturbance, which is not good to the quality of the crime, and the fact that the defendant repeats the crime even though he is in the period of repeated crime.

However, it is advantageous to the fact that the defendant recognizes the facts charged and the victim does not want the punishment of the defendant.

In addition, the defendant's age, character and conduct, environment, means and results of crimes, and the circumstances after crimes, etc. shall be determined as ordered by taking into account the various sentencing conditions shown in the trial process of this case.

Public Prosecution Rejection Parts

1. 공소사실 요지 피고인은 2020. 6. 3. 05:00경 창원시 성산구 B 지하 1층에 있는 ‘D’에서 112신고로 출동한 경남창원중부경찰서 F파출소 소속 피해자 경사 G로부터 퇴거 요구를 받았다는 이유로 화가 나, C 등이 지켜보는 가운데 피해자에게 ‘씨발놈아, 니는 꺼져라, 씨발 니는 뭔데, 씨발놈아 내돈 주고 술 쳐먹는데 니가 왜 간섭하는데, 씨발놈아 개자슥아, 공집으로 쳐 넣어라.’...

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