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(영문) 서울남부지방법원 2018.10.24 2018고단4487

경범죄처벌법위반

Text

Defendant shall be punished by a fine of KRW 50,000.

Where a defendant fails to pay a fine, 25,000 won shall be one day.

Reasons

Punishment of the crime

On August 23, 2012, the Defendant was sentenced to eight months of imprisonment with prison labor by obstructing business operations at Seoul Southern District Court, and the said judgment became final and conclusive on January 10, 2013.

around 03:05 on June 8, 2012, the Defendant committed an act of disturbance without any justifiable reason under the influence of alcohol in the front of Gangseo-gu Seoul Metropolitan Government C Apartment 903 Dong-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Request for an adjudication;

1. Inquiries about a written notification;

1. Previous record: Application of Acts and subordinate statutes, such as the defendant's legal statement and text of judgment (Seoul Southern District Court 2012 High Court 2277);

1. Relevant Article 1 of the Punishment of Minor Offenses Act (amended by Act No. 11401, Mar. 21, 2012; Act No. 1135, Mar. 22, 2013); Article 1 subparag. 25 of the Punishment of Minor Offenses Act (amended by Act No. 11401, Mar. 21, 2012; hereinafter “Act”)

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

1. Articles 70 and 69(2) of the former Criminal Act (Amended by Act No. 12575, May 14, 2014);

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act include the following: (a) details leading up to the instant crime; (b) methods of committing the instant crime; (c) circumstances after committing the instant crime; and (d) other various circumstances that form the conditions for sentencing specified in the instant records and pleadings, such as the Defendant’s age, sexual conduct, environment, etc.; and (b) the facts that the instant crime is concurrent with the crime of interference with the duties for which the said judgment became final and conclusive; and (c) the equity between the case where the judgment was rendered and