(영문) 부산지방법원 2008.12.16.선고 2008고단6242 판결

Defendant shall be punished by imprisonment with prison labor for one year and by a fine of 1,00,000 won. If the Defendant fails to pay the above fine, the Defendant shall be confined in the workhouse for a period calculated by converting the amount of 50,000 won into one day.

The forty-six days of detention before the sentence of this judgment shall be included in the above imprisonment.

However, the execution of the above imprisonment shall be suspended for three years from the date this judgment becomes final and conclusive. To order the defendant to provide community service for 120 hours.

Seized evidence referred to in subparagraphs 1 through 10 shall be confiscated.

Reasons

Criminal History Office

Even if the Defendant was not an intention to impose a sentence, the Defendant prepared an office without a trade name in Busan Franchising from January 2008, with a view to harming the customers who purchased, introduce, and introduce, etc., gate treatment equipment and materials necessary for gate treatment.

On June 5, 2008 through June 19:00 through June 19:00 through June 19:00, 2008, the Defendant received request from B to June 26, 2008 to request from B to exchange correspondence, and sent 15cm and knife knife knife on the face of the design designated by B, as the form of the plan, and then disinfected B, knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif.

Summary of Evidence

Omission

Application of Statutes

1. Article applicable to criminal facts;

Article 5 of the Act on Special Measures for the Control of Public Health Crimes, Article 27 (1) of the Medical Service Act (Joint Imposition of Imprisonment and Fines)

2. Discretionary mitigation;

Articles 53 and 55(1)3 and 55(1)6 of the Criminal Act (the circumstances include the fact that the instant crime is not committed during the period of probation, the confession of the crime and the fact that the mistake is divided in depth, and the absence of victims of side effects)

3. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

4. Inclusion of days of detention in detention;

Article 57 of the Criminal Act

5. Suspension of execution;

Article 62(1) of the Criminal Act (Calculation of the previous normal conditions)

6. Social service order;

Article 62-2 of the Criminal Act;

It is so decided as per Disposition for the reasons under Article 48 (1) 1 of the Criminal Act.