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(영문) 서울중앙지방법원 2014.02.20 2013고단6839

경범죄처벌법위반

Text

Defendant shall be punished by a fine of 120,000 won.

When the defendant does not pay the above fine, 30,000 won.

Reasons

Punishment of the crime

On November 28, 2008, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (collective violence, deadly weapons, etc.) at the Sungwon District Court's Sungnam branch on November 28, 2008, and the said judgment was finalized on February 18, 2009

1. On May 4, 2008, the Defendant neglected the management of harmful animals in front of the Si of the Si of Sungnam-gu of the 19:30 on May 4, 2008.

2. On May 4, 2008, around 19:50 on May 4, 2008, the Defendant brought a disturbance in front of the Sinnam-si, Sungnam-si.

Summary of Evidence

1. A report on the offender exposure;

1. Previous convictions: Inquiry into criminal and investigation records, inquiry into summary information of cases, and application of statutes of the judgment;

1. Article 1 applicable to criminal facts: Subparagraph 32 and 26 of Article 1 of the former Punishment of Minor Offenses Act (wholly amended by Act No. 11401, Mar. 21, 2012);

1. Concurrent crimes: the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Detention at a workhouse: Articles 70 and 69 (2) of the Criminal Act;

1. Judgment in Absence: Article 19 of the Procedure Act provides that the provisions of the Criminal Procedure Act shall apply mutatis mutandis to a case where it does not go against its nature unless otherwise provided for in the same Act in the summary judgment proceedings. Article 368 (2) of the Criminal Procedure Act provides that Article 365 of the same Act shall apply mutatis mutandis to a case where the defendant who has requested a formal trial on the date of public trial (as to the summary order) fails to appear at the court on the date of public trial. Article 365 of the same Act provides that the new date shall be set in the case where the defendant does not appear at the court on the date of public trial, and a judgment may be rendered without the statement of the defendant when the defendant does not appear at the court on the new date without justifiable grounds. Thus, Article 19 of the Criminal Procedure Act provides that a case where the defendant is dissatisfied with the judgment by the summary punishment procedure