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(영문) 서울서부지방법원 2019.10.24 2019노801

경범죄처벌법위반

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 300,000.

The above fine shall not be paid by the defendant.

Reasons

1. In light of the legislative purport of Article 3(3)1 of the Punishment of Minor Offenses Act and the Defendant’s words and behavior, the Defendant’s act constitutes the principal revocation column under the above provision.

2. Determination

A. On November 15, 2018, from around 06:00 to 07:00, the Defendant: (a) at the Seoul Mapo-gu Seoul Mapo-gu Police Station C police station in Mapo-gu, Seoul; (b) while under the influence of alcohol, the Defendant saw the police officers with a large amount of sound as a complaint for the duties of dealing with civil petitions by police officers; and (c) while working for the police officers.

As such, the Defendant, while under the influence of alcohol, had a very rough and disorderly speech or behavior at a public office.

B. The lower court rendered a not guilty verdict on the instant facts charged on the ground that the Defendant’s act constitutes a case where the Defendant’s act was forced or slickly committed, by rough or disorderly words or conducts, beyond putting an objection against the police’s civil petition processing process by an improper means, and beyond doing so, under Article 3(3)1 of the Punishment of Minor Offenses Act.

C. On March 21, 2012, Article 3(3)1 of the Punishment of Minor Offenses Act (amended by Act No. 11401, Mar. 21, 2012; Article 3(3) of the Punishment of Minor Offenses Act (amended by Act No. 11401, Mar. 21, 2012; Article 3(3) of the Punishment of Minor Offenses Act (amended by Act No. 11401; Article 3(3) of the Punishment of Minor Offenses Act) was newly amended. The purpose of the legislation is to explain that, in the case of assault or intimidation that does not reach the degree of obstruction of performance of official duties, it is difficult to find any ground for de facto punishment, and accordingly, in a case where the leader takes sound at the police station, etc., and objects to the direction of the police officer, etc., the act of the accused is prepared at the level of active response and public authority.