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(영문) 부산지방법원 2021.02.05 2019고단5919

경범죄처벌법위반

Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On September 9, 2016, the Defendant was sentenced to one year of imprisonment for larceny at the Busan District Court, and the judgment became final and conclusive on February 6, 2017.

On January 26, 2016, the Defendant: (a) around 20:50, at the center of Busan Dong-gu, had a large number of people gather or frequent in the vicinity of the floor of the 2nd floor of the 206 Busan dong-gu, Busan 206, but had a very rough and disorderly horse or behavior, leading to a very rough and disorderly noise or other persons without good cause under the influence of alcohol.

Summary of Evidence

Witness

B B B B B B B's notice of payment of penalty amount and previous records of the report on detection of an offender: The results of inquiries into each judgment and each integrated case, but are favorable to the defendant.

Application of Statutes

1. Relevant provisions of the Punishment Act concerning the facts constituting the crime, and Article 3 (1) 20 of the Punishment of Minor Offenses Act (Optional to the punishment);

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The latter part of Article 39 (1) of the Criminal Act exempted from punishment (the punishment against the accused shall be exempted in consideration of equity in the case of larceny, etc. for which a judgment becomes final and conclusive and the concurrent judgment of this case);