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(영문) 서울중앙지방법원 2013.11.28 2013고단2553
경범죄처벌법위반
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

At around 5:00 on June 6, 2010, the Defendant entered D(Es) located in Jung-gu Seoul Metropolitan Government as a guest, and did not pay the drinking value of KRW 72,000 and singing singing, etc. for about one hour thereafter without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Application of Acts and subordinate statutes concerning summary trial and business permission;

1. Relevant legal provisions for criminal facts: A person who gets on a commercial car or ship, etc. or fails to withhold the value without good cause after having food sold by another person, as defined in Article 1 subparag. 51 of the former Punishment of Minor Offenses Act (wholly amended by Act No. 11401, Mar. 21, 2012; hereinafter the same shall apply);

1. Exemption from punishment: Article 2 of the former Punishment of Minor Offenses Act (amended by Act No. 2010, Apr. 1, 2011; 201; 3) of the former Punishment of Minor Offenses Act (amended by Act No. 2010, Apr. 2, 2011; 3) provides that “justifiable cause” under Article 1 subparag. 51 of the former Punishment of Minor Offenses Act (amended by Act No. 2010, Mar

However, the defendant was under the influence of alcohol at the time, and was paid with the above drinking value and singing room, and the circumstances of this case were taken into account, such as the fact that the defendant was found to refuse the payment of the "an idea that he was unable to sing for a sufficient time with the plaintiff while drinking alcohol," due to a dispute between the plaintiff and the plaintiff.

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