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(영문) 서울중앙지방법원 2020.09.25 2020고단4953
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

[Criminal Power] On December 1, 2016, the Defendant was sentenced to one year of imprisonment with prison labor for the obstruction of performance of official duties by the Seoul Western District Court on February 10, 2017 and the judgment became final and conclusive on February 10, 2017.

【Criminal Facts】

At around 12:36 March 18, 2016, the Defendant, as the Han River in Jung-gu, Seoul, 405, performed an act of disturbance without any justifiable reason under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. An inquiry into a written notification and a notice of notification;

1. Previous convictions: Inquiry into criminal and investigation records, and application of each statute of the judgment;

1. Relevant provisions of the Punishment of Minor Offenses Act and Article 3 (1) 20 of the Punishment of Minor Offenses Act, and Selection of fines;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. All circumstances, such as the fact that the sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order could have been concurrently punished with the criminal records of the defendant and the criminal records of the final and conclusive judgment, shall be considered.

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