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(영문) 서울동부지방법원 2017.01.13 2016고단3972
경범죄처벌법위반
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On November 15, 2012, the Defendant was sentenced to one year of imprisonment with prison labor for the crime of fire prevention of general goods at the Seoul Western District Court, and the said judgment became final and conclusive on November 23, 2012.

1. On May 22, 2011, Defendant 2016, Defendant 3972, was under the influence of alcohol on the following grounds: (a) on May 22, 2011, Defendant 2, under the influence of alcohol for an inevitable reason in the fluence of the flusium, Seocheon-gu, So

2. Around May 7, 2011, Defendant 2016 high group 4009, Defendant 2 was unable to smoked in the Yeongdeungpopool Station located in Yeongdeungpo-gu Seoul on May 7, 2011, at the waiting room marked so as not to smoked.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries into each written notification;

1. Previous convictions: Inquiries about criminal and investigation career data, text of judgment, and application of the statute to inquire about information of cases;

1. Article 1 Subparag. 25 of the Punishment of Minor Offenses Act (wholly amended by Act No. 11401, Mar. 21, 2012); Article 1 Subparag. 55 of the former Punishment of Minor Offenses Act; Article 1 Subparag. 54 of the former Punishment of Minor Offenses Act; and selection of fines, respectively.

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The latter part of Article 39 (1) of the Criminal Act exempted from punishment (the substance of the crime in this case is insignificant, and the equality, etc. when judgment is rendered concurrently with the final and conclusive judgment in this case);

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