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(영문) 서울북부지방법원 2020.05.28 2019고단3240
경범죄처벌법위반
Text

The defendant shall be exempted from punishment.

Reasons

Criminal facts

[Criminal Power] On March 31, 2017, the Defendant was sentenced to imprisonment with prison labor for larceny at the Seoul Northern District Court on the ground that the said judgment became final and conclusive on April 8, 2017.

【Criminal Facts】

On July 18:30, 2014, the Defendant, while under the influence of alcohol, was drunk in front of Yongsan-gu Seoul Metropolitan Government.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s statement;

1. Inquiries into written notification;

1. Previous convictions in the judgment: Application of the summary agreement of the case (Seoul Northern District Court 2016Kadan5640, etc.) and the statutes governing the judgment (Seoul Northern District Court 2016 Godan5640, etc.);

1. Article 3(1)20 of the Punishment of Minor Offenses Act (amended by Act No. 14908, Oct. 24, 2017); selection of fines for the relevant criminal facts;

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

1. The latter part of Article 39(1) of the Criminal Act exempted from punishment (the equity in the case where the judgment is rendered concurrently with the case entered in the criminal facts in the judgment, the age, character and conduct, environment of the defendant, the motive and circumstance of the crime, and the circumstances after the crime, etc.)

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