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(영문) 서울북부지방법원 2016.12.16 2016고단2936

경범죄처벌법위반

Text

Defendant shall be punished by a fine of KRW 75,000.

If the defendant does not pay the above fine, 25.5.

Reasons

Punishment of the crime

[Criminal Experience] The First Instance and the case: The judgment of the Seoul Western District Court rendered on March 28, 2012: 10 months of imprisonment with prison labor and two years of suspension of execution of official duties: The judgment that became final and conclusive on July 13, 2012 and the case: Seoul Western District Court rendered on April 4, 2013 (the crime committed between May 15 and May 16, 2012): The period of imprisonment with prison labor for 4 months: The three months of a suspended sentence of imprisonment with prison labor and the case on April 12, 2013: The judgment of the Seoul Western District Court rendered on May 14, 2015 (the fraud, etc. on December 28, 2014) and the judgment that became final and conclusive on April 21, 2015 [The Defendant, who was sentenced to imprisonment with prison labor for laundry from the Daejeon District Court on May 14, 2014]

Summary of Evidence

1. Application of Acts and subordinate statutes of J;

1. Article 1 subparagraph 25 of the relevant Act on the Punishment of Minor Offenses and the former Punishment of Minor Offenses (wholly amended by Act No. 11401, Mar. 21, 2012 and enforced March 22, 2013) for the selection of punishment for the crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 and 69 of the Criminal Act to attract a workhouse;

1. Summary trial of sentencing of Article 334(1) of the Criminal Procedure Act: Penalty of a fine of 75,000 won (25,000 won per day converted into one day): Fines of 75,000 won (25,000 won per day converted into one day); and