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(영문) 서울서부지방법원 2018.05.09 2018고단549
경범죄처벌법위반
Text

Defendant shall be punished by a fine of KRW 100,000.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The facts charged were appropriately revised to the extent that it does not impede the defendant's exercise of right to defense.

On October 22, 2017, at around 00:15, the Defendant, within the “C cafeteria” located in Mapo-gu Seoul Metropolitan Government, reported a dispute between the Defendant’s happiness and the next seat, and provided a bath to D, etc., under the influence of alcohol, despite the police officer’s request for expulsion and returning home to the site, he/she did so while under the influence of alcohol, and continued to do a disturbance to the police officer at his/her speech and large interest.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. On-site videos (the Defendant’s own act does not constitute a disturbance of drinking alcohol;

The argument is asserted.

However, according to the evidence duly adopted and examined by this court, it is recognized that the police officer dispatched after receiving a report of dispute between the defendant's daily behaviors and the D's seat seat and confirmed whether the police officer wanted to punish both parties, etc., and concluded the case and arranged the site after the completion of the case, the fact that the police officer goes against the police officer's view that the defendant 10 minutes or more and 40 minutes more than 10 minutes more than 10 minutes more than 4 minutes more than 10 minutes more than 10 minutes more than 10 minutes more than 10 minutes more than 10 minutes more than 10 minutes more than 10 minutes more than 10 minutes more than 10 minutes more than 10 minutes more than 10 minutes.

The defendant's act constitutes an act of disturbance of drinking so that the defendant's argument is without merit.

Application of Statutes

1. Relevant provisions of the Act on the Punishment of Minor Offenses and Article 3 (1) 20 of the Punishment of Minor Offenses Act (Optional to Penalty) concerning the crime;

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;

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