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(영문) 광주지방법원 2020.04.09 2020고단332
경범죄처벌법위반
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

[Criminal Power] On July 25, 2014, the Defendant was sentenced to eight months of imprisonment for fraud and crime of interference with business at the Jeju District Court, and the judgment became final and conclusive on August 2, 2014.

【Criminal Facts】

1. On May 8, 2014, at around 13:30, the Defendant issued a notice disposition in the form of a non-standing and a re-employment of a passenger car and a re-employment under Article 3(1)39 of the Punishment of Minor Offenses Act in front of the Dong-dong Office, 2014, and did not pay KRW 75,00,000 including additional charges.

2. On May 13, 2014, around 07:53, the Defendant issued a notice disposition in the form of free and without taking-off type under Article 3(1)39 of the Punishment of Minor Offenses Act and did not pay KRW 75,00,00 including additional charges.

Summary of Evidence

1. Partial statement of the defendant;

1. Inquiries into each written notification;

1. The number of copies issued in each of the instructions for investigation, each written notification, namely, the number of copies for the attendance at the meeting at the meeting, and the number of copies for investigation of each written notification;

1. Criminal records indicated in the judgment: Criminal records inquire data, and the application of substantial factual Acts and subordinate statutes to this court;

1. Relevant provisions of the Punishment of Minor Offenses Act and provisions of Article 3 (1) 39 (Selection of Fine) of the Punishment of Minor Offenses Act concerning the crimes;

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

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

1. The reasons for sentencing under the latter part of Article 39(1) of the Exempted Criminal Act, Article 5 of the Punishment of Minor Offenses Act was committed at a similar time and the judgment was finalized after being sentenced for eight months as stated in the record of the crime committed through obstruction of business, as in the judgment of the court below. The punishment is determined as ordered by taking account of the following factors: equity in the case where the judgment is rendered simultaneously with the crime recorded in the record of the crime in the judgment, equity in the case where the defendant’s age, character and conduct, environment, motive of the crime, conditions of sentencing under Article 51 of the Criminal Act, such as the defendant’s age, character and behavior,

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