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(영문) 서울서부지방법원 2018.11.15 2018고단2564

경범죄처벌법위반

Text

Defendant shall be punished by a fine of KRW 100,000.

If the defendant does not pay the above fine, 25,000 won.

Reasons

Punishment of the crime

On August 28, 2014, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.) at the Seoul Central District Court on the grounds that the said judgment became final and conclusive on December 30, 2014.

[2018 Highest 2564] The Defendant, around November 14, 2013, 06:50, was in the front of the Dongjak-gu Seoul Metropolitan Government B Hospital.

[2018 Highest 2600] The Defendant, around 07:51 on December 5, 2013, caused uneasiness in the subway station of the Seoul Thaiwon.

Summary of Evidence

1. Statement by the defendant in court;

1. Requests for each decision;

1. Inquiries into each written notification;

1. Previous conviction of judgment: Application of a copy of judgment;

1. Relevant provisions of the Punishment Act concerning the facts constituting the crime, Article 3(1)39 (a) of the Punishment of Minor Offenses Act (a violation of the former Punishment Act), Article 3(1)19 (a) of the Punishment of Minor Offenses Act (a violation of the Act on Punishment of Minor Offenses), and the selection of each fine;

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

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

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;