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(영문) 대구지방법원 2017.01.19 2016고단2916
경범죄처벌법위반
Text

The defendant shall be innocent.

Reasons

1. The Defendant, on August 25, 201, committed an act of disturbance in the vicinity of the new cancer parking lot located in the Daegu-gu 4-dong, Daegu-gu around 08:50 on August 25, 2011.

2. The judgment prosecutor submits as evidence a written request for inquiry, a written notice, and an inquiry.

However, the aforementioned evidence can be proven only to the extent that the Defendant committed an act of disturbance to the extent of undermining the peace of neighbors’ daily life by committing an act of disturbance under Article 1 subparag. 26 of the former Punishment of Minor Offenses Act (wholly amended by Act No. 11401, Mar. 21, 2012) and was charged a penalty of KRW 30,000 upon detection of August 25, 201, but did not pay it within the first and second payment period even upon receipt of the notification of detection thereof. In fact, the Defendant’s actual act of causing excessive noise of musical instruments, radio, television, electric shock, loudspeaker, loudspeaker, electric motor, etc. at the time and place at the time and place in question was proven to be beyond reasonable doubt as to the fact that the Defendant committed an act of disturbance to the extent of undermining the peace of neighbors’ daily life.

It is insufficient to view it.

Since the facts charged in the instant case constitute a case where there is no proof of a crime, a judgment of innocence is rendered by the latter part of Article 325 of the Criminal Procedure Act (the purport of the judgment of innocence under the proviso of Article 58(2) of the Criminal Act is not to be disclosed).

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