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(영문) 인천지방법원 부천지원 2017.09.08 2017고정465
폭력행위등처벌에관한법률위반(공동퇴거불응)
Text

Defendants shall be punished by a fine of KRW 300,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

Defendant

A and Defendant B requested the trade of commercial buildings in E real estate operated by the victim D(52 tax, south).

However, the actual E real estate was purchased through other real estate, which is not real E, and the upper price of the building he purchased was located immediately adjacent to the above E real estate, and the victim is a dead state related thereto.

On June 6, 2016, at around 12:00, the Defendants found the E-real estate operated by the injured party of the first floor of the F Building 104, Seocheon-si, Seocheon-si, and demanded a conversation by misunderstanding, and demanded approximately 40 out of the said lawsuit from the injured party who did not comply therewith.

However, the Defendants did not comply with it and did not comply with the request for withdrawal until the police officer arrives by the victim's report.

Accordingly, the Defendants jointly refused to leave the victim.

Summary of Evidence

1. Part of the Defendants’ legal statements

1. Application of the Acts and subordinate statutes governing the legal statement and recording of the witness D;

1. Article 2 (2) 1 of the Punishment of Violences, etc. Act concerning the crime, Article 319 (2) and (1) of the Criminal Act, the selection of fines, and the selection of fines, respectively;

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

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act of each of the Criminal Procedure Act in the provisional payment order

1. The summary of the assertion was found to have been to communicate with the victim, and there was no intention to refuse to leave.

Even if the requirement of the refusal to withdraw is recognized, it is not against the social rules and the illegality is excluded.

2. According to the evidence of determination, the fact that the Defendants did not go to the real estate office despite the Defendants 10 minutes of 10 minutes, and the fact that the Defendants reported to the police and sent to the police is recognized.

The stability of the residence of the victim is the only reason that the defendants did not want to communicate with the victim.

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