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(영문) 창원지방법원 통영지원 2017.03.15 2016고단1995
경범죄처벌법위반
Text

A defendant shall be punished by a fine of 600,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On October 24, 2016, at around 21:14, the Defendant: (a) stated that “A person under the influence of alcohol is on the seaside side”; and (b) without any justifiable reason, the Defendant: (c) stated that “A person under the influence of alcohol was working in E branch located in Gyeongnam-si, Gyeongnam-si; (d) was under the influence of alcohol at around October 24, 2016 at around 21:25, the Defendant: (a) expressed his desire to “A person under the influence of alcohol, who is bitched; (b) bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch f; and (b) tried to verify the personal information of the Defendant in order to have the Defendant invalid.”

C The gue expressed very rough speech and behavior at a government office for about 35 minutes, such as “the flue, while taking a bath to see pentine and water-containing cups, towards a letter of business trip in which he had been doing so.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes of the State, a written statement and F

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

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

1. The crime of this case on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment is an act of disturbance, such as taking a bath to a police officer within a police station and taking water cups, even though a police officer called out upon receiving a report that the defendant was under the influence of alcohol performed his/her official duties to safely return to the defendant, and thus, it is necessary to strictly punish the defendant in light of the circumstances leading up to such crime.

However, the fact that the defendant was committed in the course of committing the crime of this case, there was no record of the same crime, and 15 years have passed since the punishment of a fine for the crime of this case was imposed, and other various sentencing conditions stipulated by Article 51 of the Criminal Act, such as the defendant's age, sex, environment, motive and circumstance of the crime, and circumstances after the crime.

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