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(영문) 의정부지방법원 2021.01.21 2019고정1817
경범죄처벌법위반
Text

Defendant shall be punished by a fine of KRW 100,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On October 2, 2019, the Defendant: (a) around 17:42 on October 2, 2019, to an unspecified number of members attending a cultural sports center within the “C” located in Sincheon-si B.

The term "I ambling", "I ambling," "I ambling," "I ambling," and "I ambling, I ambling, I ambling," the employees of the Cultural Sports Center.

’라고 경고 하였음에도, 재차 위 D 및 회원들에게 ‘ 주제 파악이나 잘해 ’라고 윽박지르는 등 다른 사람을 불안하게 하는 말과 행동으로 불안감을 조성하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. The crime of violation of the Punishment of Minor Offenses Act applicable to the 112 Report Processing Table of this case is committed before the judgment that the defendant was sentenced to six months of imprisonment with prison labor and two years of suspended execution due to interference with the business at the District Court of the Government (the District Court Decision 20919 order 281) becomes final and conclusive on September 17, 2020. However, the defendant was sentenced to six months of imprisonment with prison labor and two years of suspended execution due to interference with the performance of official duties at the District Court of the Government, separate from the above criminal records, and was sentenced to six months of imprisonment with prison labor, and two years of suspended execution, and the crime of interference with the above business, which became final and conclusive on September 17, 2020, was committed on November 18, 2018, which was prior to the final and conclusive judgment on December 29, 2018. Thus, the crime of interference with the business of this case and the Punishment of Minor Offenses Act was not committed simultaneously at the same time.

Therefore, there is no room for applying Article 39(1) of the Criminal Act, which provides that when a sentence is imposed on a crime for which judgment was not rendered on September 17, 2020 and a crime for which judgment was rendered on September 17, 2020 and a crime for which judgment was rendered on the crime for which judgment was rendered, the relationship of concurrent crimes cannot be established after Article 37 of the Criminal Act cannot be established, and that Article 39(1) of the Criminal Act, which

1. Relevant provisions of the Act on the Punishment of Minor Offenses, Article 3 (1) 19 of the Punishment of Minor Offenses Act, and Selection of fines for the crimes;

1. Articles 70(1) and 69(2) of the Criminal Act to attract a workhouse.

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