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The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. The facts charged against C is a lessee who has resided in the building 103 located in the building located in Chuncheon City E (hereinafter “the instant house”) owned by the victim D, and the Defendant and A were his wife from February 16, 2016 to the Defendant with C’s wife, and F from February 16, 2016 to the same year.
3. From October to October, 300, he had been residing in the instant housing.
The Defendant and F shall terminate the above lease agreement by C due to their own failure to leave the instant housing; and around February 24, 2016, the Defendant and F shall receive a refund of deposit KRW 18 million from the victim; and
4.7.Around July 2018, the household effects shall be deducted from all of the instant housing units, and the lease contract for the instant housing has been terminated and around May 9, 2016 and the same year have been terminated.
6. Around 20.20. Around 20.2, the victim was asked to leave the instant house from the victim, but the victim was not the defendant and F. C, and continued to reside in the instant house.
As a result, the defendant and F conspired to leave the victim without good cause.
The Gu refused to comply with the Gu.
2. The legal interest protected in the crime of non-compliance with the eviction under the Criminal Code is not the legal concept of the right of residence, but the freedom and peace of residence in the private life relationship. Thus, the crime of non-compliance with the eviction is a de facto freedom and peace of residence, and the eviction of the person
Even after receiving the Gu, it is established when the person having the right to residence does not leave the residence against his/her will, and both the lessee and the person living together with him/her have the right to actually enjoy freedom and peace in relation to his/her residence, and even though the lessee and the person living together with him/her leave the residence after termination of the lease contract with the lessor, the remaining persons living together with the residence do not automatically lose their status as the person having the right to residence.
The facts charged in the instant case are as follows: C, the mother of the Defendant, leased the instant house from the victim; and the Defendant and F, as C’s cohabitant.