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(영문) 대구지방법원포항지원 2020.09.16 2020고단939
경범죄처벌법위반
Text

Defendant shall be punished by a fine of 45,000 won.

If the defendant fails to pay the above fine, 45,000 won shall be one day.

Reasons

Criminal facts

On November 2, 2017, the Defendant was sentenced to six months of imprisonment with prison labor for an injury at the Daegu District Court, and on January 8, 2018, the said judgment became final and conclusive.

On June 14, 2016, around 18:31, the Defendant committed dangerous acts, such as throwting away things in front of the Claundry site located in B at port.

Summary of Evidence

1. Defendant's legal statement;

1. A written request for each formal trial, summary trial, written request for summary trial, inquiry into a written request for summary trial, matters subject to instructions for investigation, notice of disposition of penalty, notification of payment of penalty (7 copies), prisoners’ search results, report on internal investigation (related to the request for a summary trial not filed by the accused), investigation report (where other evidential documents are not attached to the notice of penalty payment);

1. Previous convictions in judgment: Residents' association to inquire into records of crimes, records of criminal history, inquiry into consolidated cases, and application of three copies of judgment;

1. Relevant laws concerning facts constituting the crime, and Article 3 (1) 23 of the Punishment of Minor Offenses Act, and selection of fines;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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