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(영문) 서울남부지방법원 2020.11.13 2020고단4004
경범죄처벌법위반
Text

The defendant shall be innocent.

Reasons

1. On January 15, 2020, the Defendant was sentenced to six months of imprisonment with prison labor for larceny, etc. at the Seoul Southern District Court on April 29, 202 and the judgment became final and conclusive on April 29, 2020.

On November 10, 2015, around 09:22, the Defendant, at the subway transfer passage located in Yongsan-gu Seoul Metropolitan Government, clicked neighbors by an act of fire, thereby disturbing its neighboring areas.

2. The decision-making defendant asserts that although he was subject to regulation while standing in the subway history, he did not have any acts of disturbance at the time and place stated in the facts charged.

As shown in the facts charged in the instant case, there are inquiries about the written notification and a statement of control over the preparation B.

However, it is thought that the data for notification disposition is mechanically registered and printed out of the details of notification, and the situation is not well memoryed when 5 years elapsed, but it is controlled according to legitimate procedures.

“The above evidence is merely a content and it is insufficient to recognize that the defendant committed a disturbance at the time and place specified in the facts charged, and there is no other evidence to acknowledge it.

3. In conclusion, since the facts charged in this case constitute a case where there is no proof of crime, a judgment of innocence under the latter part of Article 325 of the Criminal Procedure Act and the summary of the judgment of innocence under the proviso of Article 58(2) of the Criminal Act

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