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(영문) 창원지방법원 통영지원 2015.11.20 2015고정318
경범죄처벌법위반
Text

A defendant shall be punished by a fine of 400,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On December 04, 2015, from around 00:40 to 00:55 on the same day, the Defendant continued to go home with G, which had been under influence by drinking, and followed by G, which had been under influence by a drunk. On the ground that the Defendant did not have any contact as to whether he was able to return to the lost person when he was under the influence of alcohol to H while he was under the influence of alcohol within the police box, he was under the influence of alcohol. However, despite the police officer’s comments, the Defendant continued to go home with G, who had been under the influence of drinking, and carried out a very rough act for one minute, including the police officer I and the police officer H’s hand, and then revoked the operation of the police box within the scope of five minutes.

Summary of Evidence

1. Legal statement of the witness H;

1. Partial entry of the police interrogation protocol of the accused;

1. The police statement of H;

1. Each report on investigation;

1. The defendant's assertion of the defendant and his defense counsel disputing the CD screen and the USB video [in light of the circumstances and contents of this case acknowledged as comprehensive evidence, it is difficult to see that a police officer's arrest was unlawful, and the defendant's act constitutes an emergency evacuation or a justifiable act, and it is difficult to see that the defendant's act constitutes a justifiable act, and thus,

Application of Statutes

1. Article 3 (3) 1 of the Punishment of Minor Offenses Act applicable to the relevant criminal facts and the selective punishment of minor crimes;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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