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(영문) 대전지방법원 2018.07.13 2018고단1466
경범죄처벌법위반
Text

Defendant shall be punished by a fine of KRW 80,000.

If the defendant fails to pay the above fine, 40,000 won shall be one day.

Reasons

Punishment of the crime

On August 24, 2017, the Defendant was sentenced to one year to imprisonment with labor for a violation of the Narcotics Control Act, etc. in the Daejeon District Court’s astronomical Branch, and the said judgment became final and conclusive on January 16, 2018.

On July 4, 2015, the Defendant, at around 05:59 on July 4, 2015, brought others uneasy by horses and actions, which make others go through in the singing room before the discharge from Daejeon-gu, Daejeon, without justifiable grounds.

Summary of Evidence

1. A written request for an adjudication on the increase of evidence, a written notification, inquiry into a written notification, investigation report, i.e., a payment notice, such as an examination and penalty;

1. Previous convictions in judgment: Inquiry into criminal records and investigation records, a copy of each judgment, and the application of statutes as a result of search of integrated cases;

1. Relevant criminal facts, and selective punishment under Article 3 (1) 19 of the Punishment of Minor Offenses Act, and selection of fines;

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

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

1. Article 19 of the Criminal Procedure Act concerning a judgment in absence of Article 334(1) of the Provisional Payment Order, i.e., Article 334(1) of the Criminal Procedure Act concerning a trial in the final proceedings, unless otherwise provided in the same Act, the provisions of the Criminal Procedure Act concerning the nature of the case shall apply mutatis mutandis to the trial proceedings. Article 458(2) of the Criminal Procedure Act provides that Article 365 of the same Act shall apply mutatis mutandis to the case where the defendant who has requested a formal trial on the date of public trial (as to summary order) fails to appear at the court on the date of public trial; Article 365 of the same Act provides that the date shall be fixed again if the defendant fails to appear on the date of public trial; and if the defendant fails to appear on the date of public trial again

sets out.

In a case where both a claim for formal trial against a summary order or a claim for formal trial against a trial is dissatisfied with a trial by a summary punishment procedure for a crime punishable by a fine not exceeding a fine, it has the nature of a right recognized as a party to the lawsuit.

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