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(영문) 광주지방법원 2016.06.16 2015고단4271
경범죄처벌법위반
Text

The defendant shall be punished by a fine of 60,000 (Jins), and 30,000 (Jins) shall be one day if the above fine is not paid.

Reasons

Punishment of the crime

On July 20, 2011, the Defendant committed an act of disturbance in neighboring areas, such as making excessive noise, such as musical instruments, radio, television, bell, loudspeaker, electrical motor, etc., or singing neighbors by leaving by a large sound, in front of the D control points in Gwangju Mine-gu, Gwangju, the Defendant committed an act of disturbance.

Summary of Evidence

1. Partial statement of the defendant;

1. Requests for written appraisal by the President of the National Institute of Scientific Investigation;

1. The application of Acts and subordinate statutes to the inquiry of the written notification, the issuance register of the written notice of penalties, the issuance history of the written notice of attendance at the meeting, and the investigation record of the written notice of disposition (No. 10 to 13).

1. Article 1 (26) of the Punishment of Minor Offenses Act for the crimes concerned;

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

1. The portion not guilty under the main sentence of Article 186 (1) of the Criminal Procedure Act, which bears the costs of lawsuit

1. On April 16, 201, the Defendant committed an act of disturbance in neighboring areas, such as making excessively sound, such as musical instruments, radio, television, species, loudspeaker, electric motor, etc., or slicking neighbors by leaving a large sound, in front of the apartment unit of Gwangju Mine-gu, Gwangju metropolitan area.

2. The Defendant asserts to the effect that he was not at the site at the time of the instant case, and that he was exposed to such disturbance or failed to receive a notice of penalty due to such disturbance.

Unlike the crime of violation of the Punishment of Minor Offenses Act on July 20, 201, which was found guilty prior to the above charges, there exist only the inquiry of the notice of disposition being preserved in the electronic data processing system of the government office, that is, the issuance history of the notice of attendance, and the data related to the investigation into its location (number 6 through 9 of each evidence list), and there is no ledger of the notice of penalty payment in which the signature of the defendant is signed.

B. There is no evidence to find out the details of the crime as to the content of the disturbance at the time of the instant case, i.e., how the disturbance was disturbed by any act.

The place of the crime of violation of the Punishment of Minor Offenses Act, which was found guilty on July 20, 201.

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