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(영문) 서울중앙지방법원 2011.04.19 2010고정5221
퇴거불응
Text

Defendant shall be punished by a fine of KRW 500,000.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

A. On October 21, 2009, the Defendant: (a) around 15:00 on October 21, 2009, at the customer counseling room of Gangnam-gu Seoul, the victim D, working for the 8th floor of Gangnam-gu, Seoul; (b) on the ground that the amount of redemption of the money borrowed when the vehicle was purchased at the customer counseling room, is different from the contract, the Defendant was the victim who interfered with the business of counseling for the visitors who visited the 8th floor of the company, “I am the president because he does not want to do so.”

However, the defendant did not comply with it and did not comply with the demand of the victim to leave until the police officer dispatched by the report of the victim at around 18:00 on the same day arrives, and without justifiable reasons.

B. On October 23, 2009, the Defendant: (a) around 16:00 on October 23, 2009, at the customer counseling room of Gangnam-gu Seoul, the victim D with the eightth floor of the Seoul Gangnam-gu, stated that “I would like to do so by the E employee, so I would like to go to the president of the company, so I would like to see why I would have been able to come to go to the president of the company.” The Defendant was demanded to go to the victim who obstructed the business of counseling for visitors visiting the company by avoiding disturbance by smoking tobacco, etc.

However, the defendant did not comply with it and did not comply with the demand of the victim to leave until the police officer dispatched by the report of the victim at around 19:00 on the same day arrives, and without justifiable reasons.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes on witness D and F’s statutory statement;

1. Article 319 (2) and (1) of the Criminal Act applicable to the facts constituting an offense.

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

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

1. The Criminal Procedure Act;

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