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(영문) 창원지방법원 2015.10.07 2015고정625
경범죄처벌법위반
Text

Defendant shall be punished by a fine of 150,000 won.

If the defendant does not pay the above fine, 75,000 won.

Reasons

Punishment of the crime

[Criminal Power] On January 14, 2015, the Defendant was sentenced to six months of imprisonment for fraud, etc. at the Changwon District Court, and the judgment became final and conclusive on April 17, 2015.

【Criminal Facts】

[2015, 625] No person shall be allowed to put a person in a riotous or disorderly manner by uttering or doing rough words or conducts on a restaurant, etc. where many people gather or frequent, or on a train, motor vehicle, ship, etc. carrying many people, or alcoholic beverages to other persons without justifiable grounds under the influence of alcohol.

Nevertheless, the defendant, around August 19, 2014, 200:16, c cafeteria C, which is located in the city B, her drinking while the defendant her drinking is her in a state of drinking.

[2015 High 702] On January 10, 2014, the Defendant, even though being provided with food, received the amount equivalent to KRW 25,00 from the victim F to the alcohol and alcoholic beverages from the victim F at the E restaurant located in Kimhae-si, Kim Jong-si, and received the financial benefits equivalent to that from the Defendant in a manner that did not pay the amount.

Summary of Evidence

[2015 High Court Decision 625]

1. Each police interrogation protocol against the accused;

1. Report on internal investigation (attached to a notice disposition);

1. Police suspect interrogation protocol of the accused;

1. Investigation report (for the place of work, date and time of crime, etc.);

1. Previous convictions: Application of Acts and subordinate statutes concerning the submission of criminal records and latter concurrent crimes;

1. Relevant Article of the Act on the Punishment of Minor Offenses, Article 3 (1) 20 ( point of disturbance of sound address) of the Punishment of Minor Offenses Act, Article 3 (1) 39 ( point of unauthorized confinement) of the Punishment of Minor Offenses Act, and selection of fines for each crime;

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

3. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act; and

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

5. Article 334 (1) of the Criminal Procedure Act.

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