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(영문) 인천지방법원 2019.09.30 2018고단5777

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 July 19, 2017, the Defendant was sentenced to one year of suspension of the execution of imprisonment with labor for a special injury at the Incheon District Court for six months, and the above judgment was finalized on July 27, 2017.

On March 17, 2016, at around 22:59, the Defendant, while under the influence of alcohol, frightened at the government office, such as frightening in front of the Nam-gu Incheon Metropolitan City Franchisium, continuing to carry alcoholic beverages and making a great noise at the core time.

Summary of Evidence

1. Protocol of examination of the witness B;

1. A report on investigation;

1. Previous conviction in judgment: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant provisions of the Punishment of Minor Offenses Act and Article 3 (3) 1 of the Punishment of Minor Offenses Act (Selection of Fines);

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

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

1. Article 334(1) of the Criminal Procedure Act provides that the degree of the disturbance of the reason for sentencing of the provisional payment order is insignificant.

Although the defendant applied for formal trial against the summary trial and appeared on the first trial date, the trial was proceeded by public notice as he had been absent thereafter.

In addition to the above special injury crime, the punishment shall be determined as ordered by taking into account equity in the case where the judgment was rendered simultaneously with the above special injury crime.