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The defendant shall be innocent.
Reasons
1. The summary of the facts charged was around 06:30 on September 14, 2020, the Defendant committed an act of disturbance in the vicinity of the Defendant’s residence located in Geumcheon-gu Seoul Metropolitan Government.
2. According to Article 3(1)21 of the Punishment of Minor Offenses Act (hereinafter “instant provision”) of the Punishment of Minor Offenses Act (hereinafter “the Punishment of Minor Offenses Act”) punishing “a person who has caused excessive noise, such as musical instruments, radio, television, electric shock machines, bell, loudspeaker, electric motor, etc., or who leaves or singing in a loud voice, etc.,” it can be seen that the instant provision is subject to punishment for disturbance by using sound or voice of various sound systems, etc., instead, in light of the purport of the provision prohibiting abuse under Article 2 of the Punishment of Minor Offenses Act, or the text and content of the said provision “an excessive amount, etc.,” etc., it should be deemed that the occurrence of disturbance is limited to cases where there is considerable degree of disturbance, such as hindering the peace of neighbors’ daily life.
However, in the facts charged of this case, it is not clearly confirmed what the Defendant committed.
Defendant
Although C residing on the lower floor of the residential area reported to 112 and stated to the effect that “the head of the Defendant’s house flickly flickly flickly flickly flicked and flickly flickly flickly flickly flick.” However, even if the noise occurred due to any action, it cannot be readily concluded that it falls under the category of disturbance provided for in the instant provision (it does not generally regulate the noise between neighboring households of multi-family housing, regardless of the cause of the instant provision), there is no objective material that can see the degree of noise or whether it exceeds the level of noise.
3. According to the conclusion, the facts charged in this case constitute a case where there is no proof of facts constituting a crime, and thus, the latter part of Article 325 of the Criminal Procedure Act is followed.