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(영문) 의정부지방법원 2018.01.11 2017고정2126
경범죄처벌법위반
Text

Defendant shall be punished by a fine of 200,000 won.

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

Reasons

Punishment of the crime

On August 21, 2017, the Defendant was sentenced to six months of imprisonment with prison labor for the crime of destroying special property at the District Court, and the judgment became final and conclusive on October 26, 2017.

On April 5, 2017, the Defendant filed a false report demanding an emergency vehicle from C to C in Dongducheon-si B, 2017, with the content that “the Defendant has a large number of body” in 119.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Relevant Article of the Punishment of Minor Offenses Act and Article 3 (3) 2 of the Punishment of Minor Offenses Act, and Selection of fines for the crimes;

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

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

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows: (a) the defendant is aware of the criminal facts of this case and reflects his mistake; and (b) the need to consider the case of a judgment concurrently with the case of damage to special property for which the judgment in the judgment in the holding becomes final and conclusive and the case of equity is recognized as favorable

However, on the other hand, the defendant filed a false report with 119 and dispatched the actual fire-fighting officer and police officer, etc., with the records of having been punished several times due to the same kind of crime, etc., the general amounts of punishment in the same and similar cases, balance of the punishment, and other various circumstances, including the defendant's age, sexual conduct, intelligence and environment, motive, means and consequence of the crime of this case, the circumstances after the crime, criminal records, family relations, economic circumstances, etc., shall be determined as the sentence as per the disposition.

Rejection of Public Prosecution

1. The summary of the facts charged in this part of the charges is that the Defendant sent to the police officer upon the Defendant’s report at around 06:19 on April 5, 2017 by Dongducheon City C, which is located within Dongducheon City B, “I Chewing. I bit bit of bit of bitch.”

(h)one time to death, “Isk to death”;

Defluence was made, such as referring to “....”

2. Determination.

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