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(영문) 창원지방법원 2018.05.04 2018고단417
퇴거불응
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

At around 02:30 on February 7, 2018, the Defendant, at the “Fing point of the Victim E’s Operation, Kimhae-si, expressed that the drinking value would be prepaid from the injured party, but the Defendant, while under the influence of alcohol, took a bath at the large interest of “hing and bringing about hing to hing to hing to hing to hing to hing to hing to hing to hing to hing to hing to hing to hing to hing to hing to hing to hing to hing to hing to hing to hing to hing to hing to hing to hing to hing to hing to hing to hing to hing to hing

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements by victim telephone);

1. Article 319 (2) and Article 319 (1) of the Criminal Act applicable to the relevant criminal facts and Articles 319 (2) and (1) of the Criminal Act that choose a penalty;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) has already been committed by the Defendant without being aware of the fact that he had been punished three times for the same kind of crime in the last five years.

In particular, the Defendant committed the instant crime during the grace period, even though he/she was sentenced to a suspended sentence due to the obstruction of the performance of official duties, and the second crime committed during the same grace period.

However, the defendant reflects the wrongness in depth and does not repeat again in the future.

In order to provide symptoms of alcohols, which are deemed to have a significant impact on the instant case, efforts are made to improve their personality and behavior by receiving hospitalization at medical institutions in recent years.

The degree of damage is not severe, and the injured party does not want to be punished by the defendant.

In addition, the sentencing conditions, such as the defendant's age, sex, environment, circumstances, and circumstances after the crime, shall be comprehensively considered.

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