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(영문) 창원지방법원 2017.05.31 2017고단1150

경범죄처벌법위반

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

On December 16, 2016, the Defendant would not get off the clothes of a police officer working under the influence of alcohol within the police box of the G Police Station in the G Police Station for Cultivation of the Gyeongnam-gun on December 16, 2016.

For about 22 minutes, such as taking a bath with a large sound, a riotous and disorderly speech and behavior was carried out by very rough words and behavior.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes to a investigative report (only with respect to the attachment of CCTV photographs).

1. Relevant provisions of the Act on the Punishment of Minor Offenses and Article 3 (3) 1 of the Punishment of Minor Offenses Act (Optional to the punishment);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is as follows: (a) the Defendant found a police box while under the influence of alcohol, and subsequently was able to avoid disturbance with the police officer; (b) thus, the crime is not good in light of the details thereof and the method thereof.

Defendant has been punished for other violent crimes.

However, the defendant reflects his fault in depth.

During the process of traffic accidents with complaints, it seems to be a crime that has lost the ability to refrain from drinking and has committed contingently.

Until now, it seems that there has been no use of violence against public officials such as police officers or public offices, and other previous crimes have been punished by a fine.

In addition, the sentencing conditions, such as the age, sex, environment, circumstances, and circumstances after the crime, shall be comprehensively considered, and the punishment shall be determined as per the order.