경범죄처벌법위반
The judgment of the court below is reversed.
The defendant shall be innocent.
Summary of Grounds for Appeal
The defendant's mistake of facts is erroneous in the misapprehension of facts that the defendant found him guilty of the facts that he was guilty, even though he did not have any intention to make him uneasy rifles for adults, because he was frighten in the side head of E and did not play E, only he was found to have checked that he was a toy gun and launched the gun to the floor he attempted to do so, and even though he did not have any intention to make him uneasy E.,
The punishment (one hundred thousand won of fine) imposed by the court below of unfair sentencing is too unreasonable.
The summary of the facts charged in this case’s judgment on the Defendant’s assertion of mistake of facts shall not make others uneasy, annoyed or offended by blocking, provoking, gathering around, following, or uttering very rough and menacing words or conducts without justifiable grounds.
Nevertheless, around 00:40 on April 27, 2013, the Defendant, at a funeral hall of the Jung-gu Daejeon Hospital located in Jung-gu, Daejeon, the Defendant, at around 00:40, sent to E (n, 17 years of age) known to ordinary people, the “sexual BB Toy gun (gas compression)” which he knows to be a total of flat fals, was accumulated in the side head, verified that he is a toy guns, and launched an empty gun, thereby making others uneasy by doing so by playing in the compressed air gun sound.
The burden of proof for the facts constituting an offense prosecuted in the relevant legal doctrine criminal trial is to be borne by the public prosecutor, and the conviction is to be based on the evidence of probative value, which makes the judge feel true beyond a reasonable doubt. Therefore, if there is no such evidence, even if there is a suspicion of guilt against the defendant, it shall be determined with the benefit of the defendant.
(See Supreme Court Decision 2008Do10096 Decided June 25, 2009, etc.). A written statement and a written claim for summary trial, as evidence directly supporting the facts charged of this case, are presented.