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(영문) 수원지방법원 안산지원 2015.03.12 2015고단44
퇴거불응등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. At around 13:40 on December 2, 2014, the Defendant received a demand from the victim E, who drinks alcohol together with the victim’s wife, at the home of the victim D, who is in Ansan-si Member C.

However, the defendant does not respond to it, and he takes care of the victim's house before the police officer dispatched by a report of the victim at 15:40 on the same day arrives, and leaves the victim's house without any justifiable reason.

The Gu refused to comply with the Gu.

2. On January 2, 2015, at around 15:30 on January 2, 2015, the Defendant received a demand from the victim for a change from the victim while drinking alcohol with the victim’s daughters, such as “mathing and drinking daughters,” in the victim’s home as stated in paragraph (1).

However, the defendant does not comply with it and has dispatched from the victim to the time he/she arrives by the police officer on the same day by a report by the victim at around 16:20 on the same day without justifiable grounds.

The Gu refused to comply with the Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of each protocol of police statement concerning D;

1. Article 319 (2) and (1) of the Criminal Act concerning the relevant criminal facts and the choice of punishment;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (the fact that the defendant has seriously reflected in his/her daily life in custody, the relationship between the defendant and his/her dependants, the circumstances of the crime in this case, the age, character and conduct, environment, etc. of the defendant);

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