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(영문) 창원지방법원 2015.04.08 2015고단167

경범죄처벌법위반

Text

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

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

Reasons

Punishment of the crime

On May 2, 2013, the Defendant was sentenced to one year to imprisonment with prison labor at the Changwon District Court for fraud, etc., and the same year.

6.28. A person for whom the above judgment has become final and conclusive.

On July 4, 2012, around 02:50 on July 4, 2012, the Defendant engaged in an act of disturbing drinking in X-type room located in the O counter of Changwon-si.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes for written notification;

1. Article 1 of the Punishment of Minor Offenses Act (amended by Act No. 11401, Mar. 21, 2012); Article 1 Subparag. 25 of the Punishment of Minor Offenses Act (amended by Act No. 11401, Mar. 21,

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

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

1. The Defendant’s assertion regarding the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act is alleged to the effect that, at the time of the instant crime, the Defendant was in a state of mental disorder by drinking alcohol at the time of the instant crime. However, in light of the content, process, etc. of the instant crime, it does not seem that the Defendant had weak ability to discern things or make decisions at the time of the instant crime.

It is difficult for the defendant to rear his/her two married, when the execution of imprisonment with prison labor in the current prison has been completed, and the defendant has been tried together with the crime of fraud, etc. of which the judgment became final and conclusive that the defendant has committed a crime of the same kind repeatedly several times, taking into account equity in the case of the defendant's age, character and conduct, environment, circumstances after the crime, etc., and taking into account all the other factors of sentencing including the defendant's age, character and conduct, circumstances after the crime.