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(영문) 서울중앙지방법원 2016.09.28 2015고단5983

경범죄처벌법위반

Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

1. On August 12, 2015, the Defendant violated the Punishment of Minor Offenses Act due to the disturbance of drinking alcohol, at the packaging mast in front of Jongno-gu Seoul, Jongno-gu, Seoul, and at the time of other customers, the Defendant committed a disturbance by leaving the breath of alcohol and taking a bath.

2. On December 23, 2015, the Defendant violated the Punishment of Minor Offenses Act due to the disturbance of the head of a government office, and on August 13, 2015, from around 00:50 to around 00:10 on August 13, 2015, the Defendant, within Jongno-ro 58, Jongno-ro, Seoul, Jongno-ro 58, the government office, was arrested as a current offender on the ground of residential misconduct with respect to the act of disturbance of drinking, such as described in the foregoing paragraph (1), and was arrested as a current offender and brought to the said police box under the influence of alcohol, and “C” under the influence of alcohol.

Barash Baba

"Abre, the brub of this brub", etc. was displayed on the police officers working within the above police box, so that it was difficult for the police officers to have avoided the disturbance between about 20 minutes at the government office.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. C’s statement of reference witnesses;

1. A written statement of the main officer;

1. Application of Acts and subordinate statutes to a investigation report (related to CCTV images inside a police box for the same tomb);

1. Relevant provisions of the Punishment Act concerning the facts constituting the crime, Article 3(1)20 of the Punishment of Minor Offenses Act (the point of disturbing drinking), Article 3(3)1 of the Punishment of Minor Offenses Act (the point of disturbing drinking), and the selection of fines, respectively;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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