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(영문) 서울중앙지방법원 2016.04.21 2015노4066
경범죄처벌법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 50,000.

The above fine shall not be paid by the defendant.

Reasons

1. According to the summary of the grounds for appeal, it is recognized that the defendant committed an act of disturbance in the vicinity of Article 3 subparag. 26 of the Punishment of Minor Offenses Act in Gangnam-gu Seoul, Gangnam-gu and No. 102, Jan. 22, 2010.

2. According to the evidence adopted by the appellate court (E’s legal statement and self-finding report of the offense), “A” is written in the context of the offense, “A”, “A” in the occupational column, “F” in the resident registration number column, “G” in the column, and “G” in the offense column. The name of “A” is written in the name of “E”, and the name of “B” is written in the name of “E”, and the name of “B” is written in the name of “E”, and the report number is 2:40, and D102. According to the fact that the Defendant’s mobile phone number is a mobile phone number (the same as the Defendant’s mobile phone number stated in the request for formal trial) and the fact that the Defendant’s report on the detection of any clerical error, which is the police officer’s signature and disposition, appears to be 20, and the head of Gangnam-gu police station, which is Seoul, appears to be 20,000.

3. As the appeal by the prosecutor of the conclusion is well-grounded, we reverse the appeal in accordance with Article 364(6) of the Criminal Procedure Act and render a new judgment following the pleadings.

[Judgment used again] Around January 22, 2010, the Defendant committed a nearby disturbance in Gangnam-gu Seoul Metropolitan Government D and No. 102 on the street around January 22, 2010.

Summary of Evidence

1. Partial statement in the appellate trial of witness E;

1. Application of Acts and subordinate statutes to reports on self-violations;

1. The relevant provision of the Punishment of Minor Offenses Act (wholly amended by Act No. 11401, Mar. 21, 2012) concerning the crime is wholly amended.

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