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(영문) 춘천지방법원 2017.02.16 2015고정405
폭력행위등처벌에관한법률위반(공동퇴거불응)
Text

Defendants shall be punished by a fine of one million won.

In the event that the Defendants did not pay the above fine, only 100,000 won.

Reasons

Punishment of the crime

Defendants are simple women, and Defendant B was married to the victim D and the legal couple on September 28, 2014 and was living separately from the victim.

The Defendants, at around 14:55 on July 13, 2015, did not comply with the demands made by the victim to move in from the victim to the third floor of the building E located in Chuncheon on July 13, 2015, on the following grounds: (a) the victim’s dwelling in the third floor of the building E located in Chuncheon; (b) the victim’s birth between Defendant B and the victim; and (c) the victim was dissatisfied with the demands made

As a result, Defendants jointly refused to comply with the demand of the victim to leave.

Summary of Evidence

1. The defendant B's partial statement

1. A protocol concerning the examination of suspect of the defendant A;

1. Each police statement made to D or F;

1. Reporting on dispatch to the scene of violence incidents, and application of field-related photographs;

1. Relevant Article 2(2) and (1) of the former Punishment of Violences, etc. Act (Amended by Act No. 13718, Jan. 6, 2016; Act No. 13718, Jan. 6, 2016; Act No. 1371, Feb. 1, 201

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: Defendant B and his defense counsel’s assertion on the assertion of Defendant B and the defense counsel under Article 334(1) of the Criminal Procedure Act asserted that the victim’s domestic violence was committed by Defendant B, who did not check the victim’s domestic violence, left the F, his child, and brought a divorce lawsuit against the victim. The victim forced the F without the victim’s consent, and the victim B forced the F to move the F without the F’s consent, and that the Defendant B, as F’s child, was generated in the process of demanding the F to deliver the F to the victim’s residence and the F to take over the F’s child, so it does not go against the social rules.

According to the above evidence of employment, Defendant B, without the consent of the victim on September 28, 2014, went to F and resided in the Nam-gu G and B 104 of Incheon, Nam-gu G and Dong 104, etc., and filed a lawsuit against Defendant B against the victim of the first police officer on November 2014.

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