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(영문) 서울북부지방법원 2020.11.09 2020고정1186

경범죄처벌법위반등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. Around 11:00 on February 4, 2020, the Defendant violated the Punishment of Minor Offenses Act (hereinafter referred to as “C”) committed very rough and disorderly words or actions, such as, on the road front of the “C” convenience store located in Gangnam-gu Seoul Metropolitan Government, and, on the other hand, talking about a large number of unspecified people, without any reason, who are under the influence of alcohol, and raising time costs.

2. The Defendant damaged public goods, at the above time and place, destroyed public goods used by the government offices so that the Defendant would have a 30,000 won amount of repair expenses, by putting the D police box at the seat of the police box, who was required to present an identification card by the captain E, who was dispatched after receiving a report of 112, and putting the dissatisfaction to the seat of the D police box No. 62, which was stopped there, and walked to the F police patrol vehicle at that place, and walked off the part of the above vehicle to alight off.

Summary of Evidence

1. Statement to E by the police;

1. 112 Report Statement of Motor Vehicle Inspection (30,00 won), Investigation Report (Methods CCTV (Acceptance-86,87-124) [Confirmation] of the 112 Report List / Defendant asserted that there is no possibility of committing the instant crime since he was in prison at the time stated in the facts constituting the crime. However, according to the evidence duly adopted and investigated by this court, the Defendant did not have been confined to prison at the date stated in the judgment, and the above argument is without merit since it is acknowledged that the facts constituting the crime in the judgment are recognized]. The above argument is without merit.

1. Relevant provisions of the Criminal Act concerning the facts of crime, Article 141 (1) of the Criminal Act (a point of damage to public goods), Article 3 (1) 20 of the Punishment of Minor Offenses Act (a point of disturbance), and the choice of fines, respectively,;

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