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(영문) 수원지방법원 2018.08.10 2018고단2636
경범죄처벌법위반
Text

Each sentence against the accused shall be discharged.

Reasons

Punishment of the crime

The Defendant was sentenced to ten months of imprisonment with prison labor at the Busan District Court on February 25, 201 and the judgment became final and conclusive on July 14, 201, and on January 10, 2013, the Defendant was sentenced to one year and two months of imprisonment with prison labor and the judgment becomes final and conclusive on January 18, 2013 by interfering with business affairs in the same court on January 10, 201.

1. On December 22, 2010, the Defendant committed an act of smoking in a non-smoking place in violation of Article 1 subparag. 54 of the former Punishment Act (wholly amended by Act No. 11401, Mar. 21, 2012; hereinafter the same) in the Seocho-dong Busan metropolitan area, Busan metropolitan area.

2. On December 24, 2010, the Defendant committed an act of creating uneasiness in violation of Article 1 subparag. 24 of the former Punishment of Minor Offenses Act at the waiting room of the third floor of the Busan metropolitan city around December 24, 2010.

3. On December 29, 201, around 17:00 on December 29, 201, the Defendant committed an act of causing disturbance to the neighborhood, in violation of Article 1(26) of the former Punishment of Minor Offenses Act, before the 2nd floor tourism information center in the 2nd floor of the Busan Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into each criminal petition case record, each request for inquiry on decision, and each notice of disposition;

1. Previous convictions in judgment: Inquiry into criminal records and investigation records, search of each case, text 3 of judgment, and application of text 1 of judgment;

1. Article 1 of the Punishment of Minor Offenses Act and Article 1 of the same Act, subparagraphs 24, 26 and 54 of the same Article, and the selection of fines for the crimes;

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, Article 38 (1) 2 and Article 50 of the Criminal Act (amended by Presidential Decree No. 1 and 2);

1. Article 39 of the Criminal Act exempted from punishment;

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