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(영문) 서울북부지방법원 2016.01.21 2014고정2960
퇴거불응
Text

Defendant shall be punished by a fine not exceeding five hundred thousand won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On August 26, 2014, at around 10:09, the Defendant: (a) provided that “E” office of the victim D’s “E” located in the nine storys of the Seoul Northern District C Building; (b) demanded the Defendant’s return of books for young children purchased from the damaged party; and (c) demanded the victim to return books for young children purchased from the damaged party.

However, the Defendant did not comply with the request for withdrawal of the victim without justifiable reasons, because the police officer dispatched after receiving a report from the victim at around 10:21 on the same day did not leave the place until the police officer arrives.

Summary of Evidence

1. Legal statement of the witness D;

1. Statement made by the police with regard to D;

1. Application of the Acts and subordinate statutes to photographs by capturing CCTVs;

1. Relevant Article 319 (2) and (1) of the Criminal Act concerning the facts constituting an offense and Articles 319 (1) of the same Act concerning the selection of punishment;

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

1. The defendant and his defense counsel's assertion of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act asserted that the defendant's act does not violate social rules in light of the defendant's circumstance, the defendant's act does not violate social rules, since the victim's continuous refusal to contact with the defendant's side and the defendant's side delivered his intention to return to the victim and received his response from the injured party.

"Acts which do not violate social norms" under Article 20 of the Criminal Code refers to acts which can be accepted in light of the overall spirit of legal order or the social ethics or social norms surrounding it. Whether certain acts constitute legitimate acts which do not violate social rules and are justified, should be determined individually by considering the purpose and rational aspects under specific circumstances. Thus, in order to recognize such legitimate acts, the motive of the act is the first time.

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