logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2015.08.21 2015노349
경범죄처벌법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. Although it is difficult to believe the defendant's change of the reason for appeal concerning the reason for the loss of the resident registration certificate, and the criminal identification procedure consists of ordinary business handling methods in the D District, and the person who committed an act of disturbance in the neighboring district of this case is the defendant, the court below which acquitted the facts charged of this case, is erroneous in the misapprehension of facts and thereby affecting the conclusion of the judgment.

2. Determination

A. A. Around November 13, 2008, the Defendant: (a) around 12:45 on November 13, 2008, the Defendant committed an act of disturbance in neighboring areas at the Seoul Southern-dong 2, Seoul Jung-gu, Seoul Central District 122.

B. The lower court determined that: (a) in the lower court’s judgment, the witness C, who was a crackdown police officer, stated that “at the time” is a criminal defendant without memory; and (b) if he refuses to affix his signature and seal, he shall be stated in the report on offender exposure; (c) if there is no identification card, the police officer shall contact the police station at the time of imposing the penalty; and (d) if there is no identification card, the police officer shall contact the police station at the time of 2008 to verify the offender’s fingerprint number; and (c) confirm the offender’s fingerprint number; and (d) the police officer could check the offender’s identity because most of the police officers knew about the offender’s identity, the lower court found the Defendant not guilty of the facts charged in the instant case on the ground that it is difficult for the prosecutor to recognize that the Defendant and the person engaging in an adjacent act like the facts charged was the same.

C. The court below duly adopted and investigated the circumstances such as the reasoning of the court below, and the judgment of the court below.

arrow