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(영문) 서울북부지방법원 2020.05.28 2019고단5021
경범죄처벌법위반
Text

The defendant shall be innocent.

Reasons

1. The Defendant, around December 28, 2014, committed an act of disturbing drinking alcohol in Dobong-gu Seoul Metropolitan Government around December 21, 2014.

2. The judgment prosecutor submitted a written notice of notification as evidence of the instant facts charged and a notice of notification of penalty payment.

However, the above evidence alone can only be acknowledged that the defendant was found to have committed an act, such as a disturbance of alcohol under Article 3 (1) 20 of the former Punishment of Minor Offenses Act (amended by Act No. 14908, Oct. 24, 2017) and was notified of the imposition of a penalty of KRW 50,000, but did not pay it within the first and second payment period. In fact, it is insufficient to view that the defendant was proved to the extent that there was no reasonable doubt as to the facts charged that he/she committed "a person, by uttering or doing rough words or actions," at the same time and place, and there is no other evidence to acknowledge it.

Thus, since the facts charged in this case constitute a time when there is no proof of crime, a judgment of innocence is rendered under the latter part of Article 325 of the Criminal Procedure Act, and the purport of the public notice of acquittal is not to be pronounced pursuant to the proviso of

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