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(영문) 대구지방법원 김천지원 2017.09.14 2017고단677
퇴거불응
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 13, 2017, at around 00:40, the Defendant received a demand to change business hours from the victim C (n, 33 years of age) who had drinking in the Gu-si B on the same day while drinking alcohol at the same place.

However, the Defendant did not comply with the request for the withdrawal of the victim without justifiable reasons, because the police officer dispatched by the report of the victim on the same day at around 01:35 did not leave the place until the police officer arrives.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes to one receipt; and

1. Relevant Article 319 (2) and (1) of the Criminal Act concerning the facts constituting an offense, the choice of punishment, and the choice of imprisonment (a majority of the previous convictions for the same offense);

1. Article 62 (1) of the Criminal Act on the suspension of execution (i.e., reflective facts, and absence of any criminal record for the same kind of fine exceeding the fine);

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

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