경범죄처벌법위반
The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.
1. On February 17, 2017, the Defendant found in the Seoul Western Police Station G division office in Seodaemun-gu, Seoul, the 113th and the 112th floor of the unification of Seodaemun-gu, Seoul around 05:05, on the ground that he did not properly deal with the violence that he reported to him in the earth, and opened a door installed to prevent escape with his hand and forced him to leave the door by hand and force him to prevent escape and arrest him once.
A person who knows within his mother shall be an inspector who has a special inspection.
The people got 30 minutes of age, i.e., h., h., an attorney-at-law who knows in the public side because they could not take the ethm.
As a result, the defendant committed an act of disturbance at a government office in a drunken state.
2. Determination
A. The gist of the Defendant’s assertion is that the Defendant and his defense counsel appealeded at the time, time, and place of the prosecution. However, the Defendant was not the state at the time, and the police officers on duty in the Seodaemun Police Station opened a door to the Defendant who want to file a civil petition due to global incidents, and accordingly, they resisted the police officer’s unfair performance of duties, and do not constitute a disturbance under Article 3(3)1 of the Punishment of Minor Offenses Act.
B. Determination 1) In G trial, the prosecutor bears the burden of proving the facts charged, and the finding of guilt ought to be based on evidence with probative value sufficient to conclude that the facts charged are true beyond a reasonable doubt. Therefore, if there is no such evidence, even if there is suspicion of guilt against the Defendant, it is inevitable to determine it as the benefit of the Defendant.
Article 3 (3) 1 of the Punishment of Minor Offenses Act provides that "a person who, while under the influence of alcohol, behaves in a riotous or disorderly manner by uttering or doing rough words or conducts at a government office" shall be punished.
This is, unlike the case of daily life, that is, under the influence of alcohol, in the government offices.