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(영문) 수원지방법원 2013.08.22 2013고정1047
폭력행위등처벌에관한법률위반(공동퇴거불응)
Text

Defendant shall be punished by a fine of 300,000 won.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant, jointly with C, has received a request from the victim to enter the "E Real Estate Office for the Operation of the Victims in Yong-gu, Young-gu, Yong-si, Ma on October 5, 2012" and failed to comply therewith even though he/she received a request to change from the victim, and he/she left the said real estate office without justifiable grounds until the police officer dispatched by the report of the victim at around 15:10 on the same day arrives, and leaves the victim's place of business within the said real estate office without justifiable grounds.

The Gu refused to comply with the Gu.

Summary of Evidence

1. Each police suspect interrogation protocol against the accused and C;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes governing recording records;

1. Relevant Article 2 (2) and (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 319 (2) and (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. Determination of the defendant's assertion under Article 334 (1) of the Criminal Procedure Act on the provisional payment order is required to leave the defendant's office in the operation of the victim.

Although the non-compliance with the Gu does not go against the social norms, it is alleged that it constitutes a justifiable act. However, considering the relationship between the defendant's husband and wife and the victim recognized by the record, the circumstance in which the defendant's husband and wife found the office of the victim, the defendant's act cannot be seen as a justifiable act. Thus, the defendant's assertion is rejected.

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