logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2020.07.23 2019고단8906
경범죄처벌법위반
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

[criminal power] On August 12, 2015, the Defendant was sentenced to a suspension of the execution of five months of imprisonment for fraud at the Incheon District Court, and the judgment became final and conclusive on August 20, 2015.

【Criminal Facts】

around 19:23, 2014, the Defendant, “2019 Highly 8906”, on August 19, 2014, filed a very rough and disorderly speech or behavior at a place where a large number of people gather or frequent, and conveyed it to another person without good cause under the influence of alcohol.

around 18:58 on September 5, 2014, the Defendant, “2019 Man-Ma9005”, around the Bupyeong-gu Incheon Bupyeong-gu B building, was engaged in a very rough and disorderly speech or behavior to a very rough and disorderly manner at a place where a large number of people gather or frequent, and conveyed it to another person without good cause under the influence of alcohol.

Summary of Evidence

"2019 Highest 8906"

1. Statement by the defendant in court;

1. "Written request for summary trial, a written request for formal trial, and records of trial of the order to serve by public notice, and evidence";

1. Statement by the defendant in court;

1. A written request for summary judgment;

1. Request for formal trial;

1. Service by publication;

1. The application of statutes of the judgment shall include the records of trial and documentary evidence sent, and the criminal records of "before the market" and reply to the criminal records;

1. Article 3 (1) 20 of the Punishment of Minor Offenses Act and the selection of fines for the crime;

1. The latter part of Article 37 and the former part of 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 reason for sentencing under the latter part of Article 39(1) of the Exempted Criminal Act, Article 5 of the Punishment of Minor Offenses Act ( favorable circumstances among the reasons for sentencing below) is as follows: (a) the crime of this case was committed by the Defendant’s verbal or behavior twice, which led to a slickness in the surroundings; and (b) the Defendant’s liability is not minor in light of the substance of the crime, and thus, is deemed disadvantageous

However, the defendant's confession of the crime of this case and reflects the mistake, and the defendant's crime is already decided.

arrow