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(영문) 창원지방법원 마산지원 2016.10.19 2016고단869
경범죄처벌법위반
Text

A defendant shall be punished by penal detention for twenty days.

Reasons

Punishment of the crime

On August 20, 2016, at around 00:30, the Defendant: (a) demanded that police officers in the situation where he was under the influence of alcohol to have a cellphone lost; (b) on the Masan Branch Police Station located in 73:5-gil, Masan-si, Masan-si, Masan-si; and (c) that police officers in charge of using the phone number of the Defendant requested that the Defendant be able to have a cellphone lost; and (d) the police officers informed the Defendant of the procedures for reporting the loss of the police station, etc. on the relationship with which the police officers attempted several calls at the Defendant’s phone number but did not connect the Defendant, but did not return home without returning to the country, and repeated the same speech, such as “I will am off what points?” “I will am back to the Dong Branch,” “I am to the Central Police Station,” and “C and I am off with the above riot of a riotous or disorderly police box, by doing so for about 50 minutes.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of control police officers prepared by D;

1. Application of Acts and subordinate statutes to the statement in the circumstances of a host person;

1. The grounds for sentencing under Article 3(3)1 (former Selection) of the Punishment of Minor Offenses Act and Article 3(3)1 (former Punishment) of the Punishment of Minor Offenses Act regarding criminal facts have the history of having been punished several times due to the violation of the Punishment of Minor Offenses Act due to the disturbance for revocation by the government offices. In particular, the Defendant was sentenced to 15 days of penal detention at the Changwon District Court Msan branch on June 15, 2016, and appealed on September 29, 2016, but the said judgment became final and conclusive on October 7, 2016, after being sentenced to dismissal of appeal on September 29, 2016, and the Defendant re-offending the instant crime in the process.

However, taking into account the fact that the defendant recognized his mistake and reflects it, the term of punishment as ordered shall be imposed in consideration of the defendant's age, character, conduct and environment, the motive, means and consequence of the crime of this case, and the circumstances after the crime.

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