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(영문) 대구지방법원포항지원 2020.09.23 2020고단940
경범죄처벌법위반
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On January 9, 2019, the Defendant was sentenced to imprisonment with prison labor for one year and two months and a fine of one hundred thousand won for a special injury in the port branch of the Daegu District Court, and the judgment became final and conclusive on January 17, 2019.

On June 15, 2016, around 06:24, the Defendant: (a) performed an act of disturbance in the restaurant C cafeteria located in Nam-gu B, Nam-gu; and (b) received a notice of notification on violation of Article 3(1)20 of the Punishment of Minor Offenses Act and sent the notice of notification on several occasions; but (c) did not pay the penalty within the statutory period without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A written request for summary judgment;

1. A written notification, internal investigation report (related to the details of a request for a summary trial not to be revised by the defendant), matters to be investigated, notice of payment of the disposition penalty (7 copies), prisoner search result, notice of notification to the expected expiration of the statute of limitations, notice of notification, summary judgment history, and notice of service by mail;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to residents, criminal history, data inquiry;

1. Article 3 (1) 20 of the Punishment of Minor Offenses Act and the Selection of a fine for the crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. It is so decided as per Disposition on the grounds of the latter part of Article 39(1) of the Exempted Criminal Act, Article 5 of the Punishment of Minor Offenses Act (the fact that the defendant recognized the error of the defendant, and the defendant was sentenced to punishment due to a special injury as stated in the judgment, etc.), as well as the punishment imposed on February 5, 2020, after being sentenced to imprisonment with prison labor for one year and six months due to obstruction of performance of official duties, etc., and became final and conclusive on May 30, 2020, taking into account the equity between the crime of this case and the special injury crime, etc. as stated in the judgment, and even if the judgment was rendered at the same time, it is deemed that the sentence has not been aggravated) or above.

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