logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 2014.08.28 2014노185
폭력행위등처벌에관한법률위반(공동퇴거불응)
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The actual residential right holder of H apartment 302, 601, H apartment 302, 601 (hereinafter “the apartment of this case”) in misunderstanding of facts is not the victim F but the defendant and the victim's mother I. There was no fact that I demanded the defendants to leave, and rather, it was continued in the apartment of this case.

B. The Defendants were gathered in the instant apartment in order to resolve the issue of I’s support and the issue of lease deposit for the instant apartment complex between the victim and the victim. As the Defendants demanded the victim to present the details of the I’s management of property, the victim demanded to leave the Defendants.

Since ordinary victims did not provide money to I, but did not provide meals to I, and there was a fact that I forcedly hospitalized I to the Medical Care Center, the Defendants did not leave the apartment of this case on the ground that I is likely to suffer from lacking from the victim.

Therefore, this is a legitimate act that does not violate the social rules.

2. The following circumstances acknowledged by the evidence duly adopted and investigated by the court below, namely, the person who resided in the apartment of this case at the time of the crime of this case appears not to be I but to have been the victim and his family members, and even if I is the person who jointly resides in the apartment of this case with the victim, it cannot be allowed for I to have the defendants stay in the apartment of this case against the victim, who is a joint resident (see Supreme Court Decision 83Do685, Jun. 26, 1984). The police officers explained the situation several times to the defendants and asked the defendants to leave the apartment of this case at large interest, despite the demand of the victim, they set up against the defendants going against the disturbance of the victim. The defendants raised a disturbance with the victim as a result of the I's support and lease deposit.

arrow