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(영문) 서울남부지방법원 2015.08.28 2015고단1998
경범죄처벌법위반
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged was around November 24, 2010, at around 08:30, the Defendant committed an act of creating uneasiness at the front of Yeongdeungpo-gu Seoul Metropolitan Government.

2. Determination

A. Article 3(1)19 of the former Punishment of Minor Offenses Act (amended by Act No. 11401, Mar. 21, 2012) provides that “a person falling under “a person who makes another person uneasy, annoyed, or offended by blocking a path, provoking a vision, gathering around, following, or uttering very rough and menacing words or conducts, without justifiable grounds, or by intentionally exposing an fright at a public place, such as a road or park, where many people use or frequent.”

B. However, the Defendant alleged that he reported to the lower court by suffering a short and sacker, which appears to be considered as the time, and that there was no act falling under the creation of such apprehensions. The evidence submitted by the Prosecutor is merely about the Defendant’s disposition of notification or the procedure such as peremptory notice to attend a summary trial for the same reason as indicated in the above facts charged, and it is insufficient to acknowledge that the Defendant committed an act of creating apprehensions as described in the facts charged in the instant case, and there is no other evidence to acknowledge this differently.

3. In conclusion, the facts charged in this case constitute a case where there is no proof of crime, and thus, the defendant is acquitted under the latter part of Article 327 of the Criminal Procedure Act, and the summary of this decision is publicly announced under Article 58(2) of the Criminal Act

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