beta
(영문) 서울남부지방법원 2019.10.30 2019고정1240

경범죄처벌법위반등

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. No person who violates the Punishment of Minor Offenses Act shall drink food or drink sold by another person and impose a value on such food or beverage without justifiable grounds;

Nevertheless, around 00 00:00 on May 7, 2019, the Defendant issued two drinking and drinking alcohol in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, and the fourth floor with two drinking and drinking alcohol, and rejected the calculation of the drinking value without good cause.

2. Under the influence of alcohol at the time and place set forth in Paragraph 1, the Defendant destroyed the property by throwing one of the unexploded glass turbs on the floor managed by the victim D without any reason.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of the Acts and subordinate statutes concerning receipts and field photographs;

1. Relevant Article of the Act on the Punishment of Minor Offenses, Article 3 (1) 39 of the Punishment of Minor Offenses Act (the point of without prison labor), Article 366 of the Criminal Act, and the choice of fines, respectively, for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the instant crime, the background and content of the instant crime, the scale of damage, the criminal records of the Defendant’s identical crime, and the instant crime have not been committed for a long time after the Defendant was released from the prison, the damage recovery has not been made, and the amount of fine for the summary order is not proper and different from that of the Defendant’s age, character and conduct, and environment.