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(영문) 의정부지방법원 고양지원 2020.04.01 2020고정90
경범죄처벌법위반
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On July 18, 2019, the Defendant was sentenced to 8 months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) in order to support the High Government District Court. The said judgment became final and conclusive on December 6, 2019.

At around 14:50 on October 22, 2018, the Defendant, along with the Han River in Jung-gu, Seoul, 405, left the 405 Seoul Spare, under the right stairs of the 405 Seoul Spare, set the sponser below the spareer and excessively exposed the sexual organ.

The Defendant, at the same time and at the same place, sent a military number to the police officer who asked his/her personal information, “I ambling a military number. I amb off a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a crime

Summary of Evidence

1. Defendant's legal statement;

1. Control note;

1. On-site photographs;

1. Previous records: Application of criminal records and other Acts and subordinate statutes;

1. Relevant provisions of the Punishment Act concerning the facts constituting the crime, Article 3 (1) 33 of the Punishment of Minor Offenses Act (in the case of excessive arrest), Article 3 (1) 20 of the Punishment of Minor Offenses Act (in the case of disturbance of sound address, etc.), and selection of fines, respectively;

1. The latter part of Article 37 of the Criminal Act and Article 39 (1) of the same Act for 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 Exemption Criminal Act shows the form in which the defendant acknowledges and reflects his mistake.

In addition, the punishment shall be determined by comprehensively taking into account the defendant's age, character and conduct, environment, motive and background leading to the crime, method and contents of the crime, circumstances before and after the crime, the violation of the Punishment of Minor Offenses Act, and the case of concurrent judgment and the case of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.)

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