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(영문) 대구지방법원 2020.01.30 2019노2162
경범죄처벌법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. In full view of the summary of the grounds for appeal (fact-finding) as to D, C’s legal statement in the lower court, CCTV images, etc., it is sufficiently recognized that the Defendant was forced or slicked by the horses and actions conducted in the B Zone, a government office.

However, the judgment of the court below which acquitted the defendant is erroneous in the misapprehension of facts and affected the judgment.

2. Determination

A. In full view of the following circumstances acknowledged in the course of pleading and the record, the lower court determined that the evidence submitted by the prosecutor alone led the Defendant to resist in a somewhat inappropriate manner with the complaint in the process of dealing with the civil petitions on the part of the B District, and subsequently, led the Defendant to a very rough and disorderly speech and behavior to the extent of violating Article 3(3)1 of the Punishment of Minor Offenses Act.

The facts charged in the instant case were acquitted on the ground that there is insufficient evidence to acknowledge that they were either slick or slick, and there is no other evidence to acknowledge it.

① Following the instant case, according to the statement in the circumstances of a jugic person written by the police officer C, the Defendant, while under the influence of alcohol, may be found to have shown an act, such as singinginging off or responding to the said document. However, whether the Defendant “hinginging and verbal abuse, etc.,” and “the exercise of force” are placed in the “Ming” column, and otherwise, the Defendant forced the Defendant by very rough words and actions.

Any content that may be recognized as being slick or slick shall not be written.

② According to the statements in the internal investigation report prepared by D, under the influence of alcohol, the Defendant requested the submission of a civil petition, such as receipt of a written statement, without complying with the Defendant’s failure to return home while residing in the B B zone zone while under the influence of alcohol for about 45 minutes, and without complying with the use of home in the B zone.

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