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(영문) 부산지방법원 2018.05.30 2017고단1213
경범죄처벌법위반
Text

1. The defendant shall be punished by a fine of fifty thousand won;

2. If the defendant does not pay the above fine, 25,000 won shall be one day.

Reasons

Punishment of the crime

On May 10, 2016, the Defendant, on the 14:00 on May 14, 2016, posted the subway No. 1 located in the Southern-gu Daegu-gu, Daegu-gu, thereby hindering others’ passage or getting annoyed.

Summary of Evidence

1. Statement by the defendant in court;

2. Application of Acts and subordinate statutes to police investigation reports (for example, violation of the Punishment of Minor Offenses Act);

1. Relevant provisions of the Act on the Punishment of Minor Offenses and Article 3 (1) 18 of the Punishment of Minor Offenses Act (Optional to the punishment);

2. Grounds for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which are to be confined in a workhouse.

1. Scope of applicable sentences under law: Fines of 50,000 to 100,000 won; and

2. In this case, the decision of sentence is that the defendant interfered with the passage of others or both annoyedlyed by engaging in the conduct of beg in the subway station, which is a public place, at a low level, and the nature and circumstances of the crime are not good.

Such crimes are likely to undermine the safety and order of public places and cause physical psychological inconvenience to the general public.

However, there are more favorable circumstances, such as the fact that the defendant recognized the crime of this case and divided the wrong person, the mental disability (Grade 3), and the basic livelihood supply and demand person is not in an economic situation, and it seems that the defendant is in a position to support a child who is not good for health due to cerebral cerebral macy, etc.

The above points and other circumstances, including the defendant's age, sexual conduct, environment, family relationship, motive, method, and result of the crime, and the circumstances after the crime, shall be determined as the sentence as ordered by considering the following circumstances.

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