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(영문) 대구지방법원 김천지원 2013.10.24 2013고정480
퇴거불응
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

At around 18:00 on April 10, 2013, the Defendant received a demand from the victim F, who is the wife of E, to go out of the above telecom on the ground that: (a) the Defendant introduced his father E to purchase the above telecom to receive KRW 5 million fee from a certified judicial scrivener who borrowed the telecom; and (b) the Defendant was asked from the victim F, who was the wife of E, to go out of the above telecom.

Nevertheless, the defendant, without complying with the victim's report on the same day at around 18:40 on the same day, sits in the above telescopic room until the police officer called out after receiving the victim's report, and goes out of the victim's place without good cause.

The Gu refused to comply with the Gu.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Application of the police protocol of statement to F;

1. Relevant Article 319 (2) and (1) of the Criminal Act and Article 319 (1) of the Criminal Act concerning criminal facts, the choice of fines;

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

1. The Defendant’s assertion as to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act is alleged to the effect that there was a justifiable reason to refuse the withdrawal from the above telecom with a view to collecting the claim to be received from E. However, in light of the background leading up to the Defendant’s visit to the telecom, the Defendant’s speech at the site, etc. revealed by the evidence duly adopted and investigated by the court, the reason alleged by the Defendant is the victim F’

Since it cannot be viewed as a justifiable reason to refuse to comply with the Gu, the defendant's above assertion shall not be accepted.

It is so decided as per Disposition for the above reasons.

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