경범죄처벌법위반
The judgment of the court below is reversed.
The defendant shall be innocent.
1. The gist of the grounds for appeal is that the lower court found the Defendant guilty of the facts charged of the instant case even though the Defendant used a stacker for public relations in order to sell digging costs on the roadsides, but did not slickly cause a large volume of sound, erred by misapprehending the legal doctrine on nearby disturbance as prescribed by the former Punishment of Minor Offenses Act (amended by Act No. 11401, Mar. 22, 2012; hereinafter “former Punishment of Minor Offenses Act”).
2. Around 17:30 on June 18, 2012, the Defendant sold the digging cost using the truck owned by the Defendant in front of Gangseo-gu Seoul Metropolitan Government C apartment complex 902, and caused the neighbors to scam by excessively giving excessive noise to the scackers for publicity installed on the vehicle.
3. As to the grounds for appeal, Article 1 subparagraph 26 of the former Punishment of Minor Offenses Act provides that "any person who causes excessive noise of musical instruments, radio, television, electric gramophones, loudspeakers, electric motors, etc., leaving or singing in a loud voice or singing in a loud voice shall be punished by a fine not exceeding 10,000 won, by penal detention, or by a minor fine." On the other hand, Article 4 of the same Act provides that "in applying this Act, the person shall be given careful attention so as not to infringe upon the rights of the people, and shall not be applied without permission for any other purpose beyond the original purpose, in consideration of the purport of the provision on prohibition of abuse under Article 4 of the same Act and the balance between acts of other types of disturbance under Article 1 subparagraph 26 of the same Act, "in cases where the person leaves in a loud voice" refers to cases where the person causes a disturbance to the extent that it causes harm to the daily life of neighbors beyond the ordinary freedom of expression of opinion.
(See Supreme Court Decision 2008Do8793 Decided November 27, 2008, etc.).