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(영문) 인천지방법원 2019.11.22 2019노2228
퇴거불응
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the factual errors and misapprehension of the legal principles) was justified to refuse to leave the defendant.

2. The crime of non-compliance with the eviction under Article 319 (2) of the Criminal Act is committed, or the crime of de facto peace of a building, room, etc. is protected as a legal interest, and the occupant or the occupant leaves the building, room, etc.

It shall be established if the Gu does not comply with it;

(see Supreme Court Decision 2015Do4048, Dec. 10, 2015). The relationship between the Defendant and the victim recognized by the evidence duly adopted and examined by the lower court, the background leading up to the Defendant’s finding in the instant establishment, the time spent on the instant establishment, the specific actions taken at the instant establishment, and the outlines of the victim’s evacuation.

In full view of the circumstances of the Gu, the defendant's attitude of response, etc., the victim's escape from the defendant

The Gu shall be deemed legitimate, and it shall not be deemed that there exists a justifiable reason to refuse the withdrawal of the defendant, unless the defendant does not respond to it.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.

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