The defendant shall be exempted from punishment.

Punishment of the crime

On November 19, 2015, the Defendant was sentenced to a suspended sentence of two years in October, 2015 by obstructing the execution of official duties in Seoul Southern District Court, and the said judgment became final and conclusive on October 27, 2016.

On June 2, 2015, at around 11:33, the Defendant laid away cigarette butts from the top of the Korean National Assembly located in Seoul, at the top of the South Korean National Assembly.

Summary of Evidence

1. Partial statement of the defendant;

1. A written notice of investigation report and a written notice of disposition, i.e., inquiry, and a written notice of payment (Peremptory notice) such as penalties;

1. Previous convictions: Application of Acts and subordinate statutes, such as criminal history;

1. The pertinent Article of the Punishment of Minor Offenses Act, Article 3(1)11 of the Punishment of Minor Offenses Act, and Article 3(1)11 of the Punishment of Minor Offenses Act, and the selection of fines [the Defendant, at the time of the instant case, was led to the entrance into the public service center of the National Assembly. However, the Defendant asserts that, even if he had already been punished for interference with the performance of official duties in relation to the pertinent day, he/she is subject to punishment again for a tobacco butts as the day when he/she was towed, immediately after being towed.

However, since the defendant's act of obstructing the legitimate execution of duties by the National Assembly defense guards and act of recklessly leaving cigarette butts at any place constitutes separate crimes, it cannot be said that the defendant's act constitutes double punishment by imposing a punishment as a separate trial on the latter's act.

Defendant’s assertion is not accepted

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

1. The latter part of Article 39 (1) of the Criminal Act exempted from punishment (Equitable consideration shall be given to the case of concurrent judgment, such as a violation of the Punishment of Minor Offenses Act and a violation of obstruction of execution of official duties for which judgment becomes final