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(영문) 인천지방법원 부천지원 2015.12.14 2015고정938
퇴거불응등
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The victim was the owner of the B shop and the defendant was the guest.

1. The Defendant, at around 06:30 on August 16, 2015, was demanded several times from the victim D (V, 60 years of age) who ends his/her business even after drinking mixed alcoholic beverages at the Jeju-si B store located in Jeju-si.

However, the defendant, without any justifiable reason, refused to comply with the demand of the victim to leave the 35-minutes until the police officer arrives.

2. The Defendant who destroyed and damaged property.

At the same time as the paragraph, the victim D(n, 60 years of age), who is dissatisfied with the demand that the victim D(s) will go to the defendant after running his business, and the police officer sent the D's complaint to "whether the drinking value is 100,000 won or not, and how much the D's drinking would go to the bar," and the victim's 1 glass cup on the floor was damaged by the market price.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes to investigation reports (investigation, etc. into field situations);

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime (the point of causing damage to property, the choice of fines) and Article 319 (2) and (1) of the Criminal Act (the point of refusing to leave and the selection of fines);

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

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

4. Article 334 (1) of the Criminal Procedure Act.

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