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(영문) 서울남부지방법원 2016.07.20 2016고단2092
경범죄처벌법위반
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On May 10, 2016, at around 19:25, the Defendant visited the C District Zone located in Gangseo-gu Seoul Metropolitan Government, with the influence of alcohol, and was unable to avoid disturbance for about 15 minutes for police officers assigned to the Defendant, such as: (a) “Wing away before scars; (b) kids such as amb and X; and (c) kidsing down scark and quidistes on the floor.”

Accordingly, the Defendant, while under the influence of alcohol, was slick by the horses and actions of the government offices.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation report (related to the confirmation of images recorded in the main place of a suspect public office);

1. Application of Acts and subordinate statutes to photographs to measure the alcohol of a victim;

1. Relevant provisions of the Act on the Punishment of Minor Offenses and Article 3 (3) 1 of the Punishment of Minor Offenses Act (Optional to the punishment);

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

1. On January 29, 2016, the Defendant, on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, was sentenced to six months of imprisonment with prison labor and two years of suspension of execution on February 6, 2016, and the said sentence became final and conclusive, and committed the instant crime during the period of suspension of execution. The Defendant was issued a summary order by engaging in an act disturbing the owner’s revocation at the C District, even on February 12, 2016, for which the said judgment became final and conclusive and the day has not elapsed.

In light of the fact that the defendant repeatedly commits a similar crime, the nature of the crime is not somewhat weak.

However, it is endeavoring to recognize and reflect the defendant's mistake, to acquire the certificate of electrical engineer, and to avoid committing a crime again after receiving alcohol addiction treatment in the future.

The punishment shall be determined as ordered by taking into account the fact that the aged 92 is neglected, the fact that the aged 92 is neglected and living, and the sentencing conditions as shown in the records and changes theory.

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