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(영문) 서울서부지방법원 2016.09.30 2016고정239
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

No person shall, while under the influence of alcohol, engage in a riotous or disorderly act by uttering or doing rough words or conducts at a public office.

After receiving 112 report that the defendant was under the influence of alcohol in the street, the police officer of the Yongsan Police Station C District Police Station in Yongsan-gu, Seoul and the defendant was arrested the defendant as an offender in the act of committing a crime, and the defendant was moving to the above district.

On November 22, 2015, around 00:40 on November 22, 2015, the Defendant: (a) around 00:40, the police officers in the Yongsan-gu Seoul Yongsan Police Station C District District of Yongsan-gu Seoul, Yongsan-gu, Seoul, intended to avoid disturbance about 10 minutes while under the influence of alcohol, such as “I know that this dog is inside, contact with Cheong-gu, Cheong-gu, Cheong-gu, Cheong-gu, Cheong-gu, Ha-kick, Ha-kick, Ha-kick, Ha-kick, and Ha-kick, and Ha-kick, Ha-kick.”

Summary of Evidence

1. Legal statement of the witness D;

1. Application of enforcement manual statutes;

1. Article 3 (3) 1 of the Punishment of Minor Offenses Act and selection of fines concerning the crimes;

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

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant and his defense counsel asserted that they were arrested in the act of committing a crime at the street behind the building in Yongsan-gu Seoul, Yongsan-gu, and the police officer arrested the defendant by exercising excessive violence, and thus the arrest of the defendant in the act of crime is illegal, and the act of judgment is aimed at opposing the defendant's illegal arrest in the act of crime, and thus constitutes a legitimate defense

2. The Defendant, at around 00:25, was arrested in the act of drinking disturbance at the end of Yongsan-gu Seoul Building on November 22, 2015 (the first arrest of the flagrant offender) and transferred to the district of Seoul Yongsan Police Station C in the Seoul Yongsan Police Station (the second arrest of the flagrant offender) and was arrested in the act of committing a flagrant act as the state revocation column at the government office in around 00:40 on the same day (the second arrest of the second flagrant offender). According to the evidence duly adopted and duly examined, at the time of the arrest of the first flagrant offender.

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