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(영문) 의정부지방법원 2014.03.24 2013고정2136
퇴거불응
Text

The defendant shall be innocent.

Reasons

1. The Defendant was asked to leave the above building around March 2013 as agreed by the victim while he/she was used with verbal consent from December 2, 2012 to March 2013 after obtaining the consent from the victim C to reside in the building managed by the victim C at his/her own city. However, the Defendant rejected the request from the victim until May 20, 2013, but again rejected the request.

Accordingly, the Defendant refused to leave the building managed by the victim as above.

2. Crimes of non-compliance with the eviction of the person who lawfully enters the dwelling place;

The criminal is established when the victim does not go to the Gu. The following circumstances acknowledged by the record are as follows. In light of the fact that the defendant entered into a loan for use or free lease contract with the victim D on the building located in the city of the Government of the Government of the Republic of Korea owned by the victim D and resided in the building of this case from December 4, 2012 to November 2013, and the victim D demanded the defendant to go to the building of this case from March 2013, it was established that the peace and peace of residence was already established as to the building of this case, and it is reasonable to view the defendant as a residential person, and since the victim D is the owner of the building of this case, it cannot be viewed as a residential person, the facts charged of this case constitute a crime and thus, it is pronounced not guilty pursuant to the former part of Article 325 of the Criminal Procedure Act.

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