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(영문) 수원지방법원 2014.11.10 2014고단4269

경범죄처벌법위반등

Text

Defendant shall be punished by a fine of KRW 300,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On May 26, 2014, the Defendant, from around 12:54, to around 50 minutes, c district groups located in B in the Suwon-si, Suwon-si, and around 50 minutes, had a fluorous response to the arrest of a flagrant offender under the influence of alcohol, such as “I am, I am, I am, I am, I am to be promoted so, I am, and I am to do so,” and led to a very rough and disorderly speech and behavior at a public office.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of E;

1. Relevant provisions of the Punishment of Minor Offenses Act and Article 3 (3) 1 of the Punishment of Minor Offenses Act (Selection of Fine) concerning the crimes;

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

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. From May 26, 2014 to 12:30 on December 26, 2014, the Defendant: (a) reported by actors, such as Gmaat, in front of Gmaat in Suwon-gu F, Suwon-si; and (b) made a public insult of the victim D by stating that “A large number of pets were killed due to this flag, Mar. 3, 201; and (c) flag” to the victim D.

2. The judgment is a crime falling under Article 311 of the Criminal Act, which can be prosecuted only when the victim files a complaint under Article 312(1) of the Criminal Act. According to the letter of withdrawal (Attachment to the trial record) submitted by the prosecutor, the above victim can be recognized as having withdrawn the complaint against the defendant after the prosecution of this case. Thus, this part of the prosecution is dismissed pursuant to Article 327(5) of the Criminal Procedure Act.