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(영문) 대구지방법원 서부지원 2013.12.06 2013고단1398
퇴거불응등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is living together with the victim B (n, 41 years of age) and about seven years of age.

2 years ago.

1. On September 22, 2013, the Defendant, who did not comply with the withdrawal, stated that “I would see that I would see that I would see that I would have been able to live at the entrance of the victim of the 2nd floor in Daegu-gu, Daegu-gu C2nd floor in order to comply with the judgment by entering the entrance of the victim. I would see that I would see that I would have no talk. I would see that I would leave the defendant over several occasions.”

Gu was the Gu.

Nevertheless, the defendant did not comply with the report and did not leave without justifiable reasons until the police officer dispatched after receiving the report from the victim arrives.

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

2. On September 22, 2013, at around 21:00 on September 22, 2013, the Defendant entered the place specified in paragraph (1) and entered the front of the second floor entrance of the victim’s house in front of the second floor of the victim’s house in order to communicate with the victim. On the same day, the Defendant continued to enter the same place more than the front of the second floor entrance of the victim’s house in front of the second floor of the victim’s house in order to communicate with the victim at the same place.

Accordingly, the defendant invadedd the victim's residence.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of B’s written laws and regulations;

1. Article 319 (2) and (1) of the Criminal Act applicable to the relevant criminal facts and Article 319 (1) of the Criminal Act (the point of refusal to leave), Article 319 (1) of the Criminal Act;

1. Selection of each alternative fine for a punishment (including the cases where the punishment is completely divided, the cases where an agreement is reached with victims, etc.);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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