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(영문) 부산지방법원 2014.07.17 2013고정6324
경범죄처벌법위반등
Text

Defendant shall be punished by a fine of KRW 500,000.

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

Reasons

Punishment of the crime

1. On September 20, 2013, the Defendant violated the Punishment of Minor Offenses Act: (a) went to the F district in E area with a police officer who was called up after receiving 112 a report that “the Defendant fright to the influence of alcohol” at the coffee shop in Busan-gu Busan-gu, Busan-do; (b) and (c) on September 20, 2013, the Defendant did an act of disturbing the revocation of the liquor at a public office by bringing about about 1:10 minutes and 10 minutes and 21:40 of the same day without returning home even though the police officer recommended him to return home on several occasions, even if he did so, without returning home.

2. From September 21, 2013 to around 21:40 on the same day, the Defendant insultd the victim on the spot of four occasions, such as H and Dong police officers, who were being investigated in the F District located in Busan, for about 10 minutes by reason under paragraph (1) in the F District located in Busan, for about 21:30 on September 9, 2013, on the following grounds: “Around the 2nd team leader G, the victim of the F District located in Busan, who was being investigated in another case, the victim of the instant case.”

Summary of Evidence

1. Partial statement of the police interrogation protocol of the accused;

1. The police statement concerning G;

1. Each report on investigation;

1. The circumstantial statement of the offender;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant provisions of the Punishment of Minor Offenses Act and Article 3 (3) 1 of the Punishment of Minor Offenses Act (a point of the disturbance of revocation by government offices), Article 311 of the Criminal Act, and the selection of fines, respectively;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Judgment on the defense counsel’s assertion under Article 186(1) of the Criminal Procedure Act

1. The defense counsel's assertion of the crime of violation of the Punishment of Minor Offenses Act shall preferentially apply the procedure for notification disposition by the chief of police station under Article 7 of the Punishment of Minor Offenses Act to the violation of the Punishment of Minor Offenses Act. Therefore, such notification disposition and the summary judgment at the time of

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