경범죄처벌법위반
The judgment of the court below is reversed.
The defendant is innocent. The summary of this judgment shall be notified publicly.
1. According to the evidence submitted by the Prosecutor, such as F, E’s statements, CCTV images, etc., it is recognized that the Defendant committed an act of disturbance, such as making police officers and trial expenses within the district belt as stated in the facts charged, while under the influence of alcohol.
Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous and adversely affected by the judgment.
2. In the fourth to fifth of the facts charged, the ex officio judgment prosecutor filed an application for changes in indictment with the purport that “A police officer sent approximately one hour’s sound, and expressed a desire to the police officer,” in the fourth to fifth of the facts charged, “A police officer, who received a request for returning home from the police officer, did not comply with it, and made a noise for about one hour without complying therewith, and made it slick by making the police officer pay a trial fee,” and the judgment of the court below was no longer maintained due to changes in the subject of the judgment by this court’s permission.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's argument of misunderstanding the facts, and the judgment below is again decided as follows after pleading.
【Grounds for the Judgment of the Supreme Court】
1. On March 9, 2018, around 02:30, the Defendant: (a) voluntarily moved to the Mapo-gu Seoul Metropolitan Government and the D District Department as a assault case (receiving number 2018-003491); (b) the Defendant had been forced to move to the police station within the district unit; and (c) the Defendant had been forced to move to the police station for about one hour without complying with the request of the police officer for returning home from the police station, and (d) had flicked the police officer by making a noise for about one hour without complying with the request.
As a result, the Defendant committed an act of disturbance of cancellation by words and actions that passed about one hour at the D District Police Station of Seoul Mapo Police Station.
2. The National Assembly’s determination shall be March 21, 2012.