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(영문) 대전지방법원 홍성지원 2018.01.29 2017고단396
경범죄처벌법위반
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On September 3, 2015, the Defendant was sentenced to eight months of imprisonment with prison labor by obstructing business operations at the Seoul Central District Court, and the said judgment became final and conclusive on November 27, 2015.

1. On December 24, 2014, the Defendant violated Article 3(1)19 of the Punishment of Minor Offenses Act (e.g., creating an uneasiness) at the Seoul Station plaza located in Seoul.

2. On June 20, 2014, around 13:35, the Defendant violated Article 3(1)21 of the Punishment of Minor Offenses Act ( neighboring disturbance, etc.) in Jongno-gu Seoul Metropolitan Government.

Summary of Evidence

1. Inquiries about past records of violation materials and reports on each disposition of violation;

1. Previous convictions in judgment: Inquiry into criminal records and investigation records, and application of each statute of the judgment;

1. Relevant Article of the Punishment of Minor Offenses Act and Article 3 (1) 19 and 21 of the Punishment of Minor Offenses Act, and Selection of fines for the crimes;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The latter part of Article 39 (1) of the Criminal Act exempted from punishment (the principle of equity in cases where a judgment is rendered concurrently with the crime in which a judgment becomes final and conclusive);

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