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(영문) 서울중앙지방법원 2018.11.13 2018고정1997
퇴거불응등
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Refusal to withdraw;

A. On January 20, 2018, at around 19:53, the Defendant requested the “D performance Institute” located in Seocho-gu Seoul Metropolitan Government, to change the representative he/she knows, and requested the victim E, who is an employee of the said Institute, to take the place of the present representative, but did not comply with the request. On the same day, the Defendant left the place for about 30 minutes until he/she is arrested to the police officer dispatched to the scene at around 20:19 on the same day, and thus, refused the victim’s request for evacuation without justifiable reasons.

B. On January 24, 2018, the Defendant requested that the “D performance Private Teaching Institutes” as above meet the representative for the foregoing reasons, and did not comply with the request, but did not comply with the request. On the same day, the Defendant left the place for about 45 minutes until the police officer dispatched to the site at around 20:41, and did not comply with the request for evacuation of the victim without justifiable grounds.

2. On January 24, 2018, from around 19:54 to around 20:41, the Defendant obstructed the victim F’s private teaching institute management by force by avoiding the disturbance between about 45 minutes, such as returning to the private teaching institute inside the office of “D performance institute”, and taking a bath in the large interest of “Ah Hah Y” and “GB”.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E, F, and H;

1. Application of the Acts and subordinate statutes to photographs by capturing each CCTV image;

1. Article 319(2), Article 319(1) of the Criminal Act (which shall not comply with eviction and shall be selected) concerning the facts constituting an offense, and Article 314(1) of the Criminal Act (which shall interfere with business and select a fine);

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

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

4. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment.

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