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(영문) 수원지방법원 2016.01.13 2015노3916
경범죄처벌법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of reasons for appeal is that the defendant has not abandoned cigarette butts on the road without permission therefor;

2. The following circumstances acknowledged by the evidence duly adopted and examined by the court below, namely, ① Police Officers E continued to stop tobacco on the part of the road boundary seat, and the Defendant discarded cigarette butts at the bottom of the road boundary, and prevented the Defendant from cutting down the road.

At the time, the field was revealed in the concentrated area of commercial buildings, and there was no difference between the principal and the defendant about about 15 to 20 meters, and because the defendant continued to stop smoking, it was clearly recognizable that the defendant would throw away cigarette butts.

In full view of the fact that “E” states the Defendant as “, (2) at the time of and before and after the enforcement of the Punishment of Minor Offenses Act, E states the important parts of the situation at the time of and after the enforcement of the Punishment of Minor Offenses Act; (3) On-site photographs and the details of the manual for the enforcement of the Punishment of Minor Offenses Act; and (4) consistent with E’s statement, the Defendant may fully recognize the fact that cigarette butts are abandoned on the road without permission, as stated in the judgment of the lower court

Therefore, this part of the defendant's argument is without merit.

3. According to the conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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