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(영문) 서울서부지방법원 2017.06.29 2017노198
경범죄처벌법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal is as follows: (a) the Defendant put the victim’s speech; (b) the victimized person followed several horses to explain off the Defendant’s dissure as if the Defendant were a criminal suspect; and (c) did not engage in any such behavior as humiliation, highness, and threat; and (d) at the time, the Defendant got back the surroundings with light of commercial buildings and carried out a large amount of movement; and therefore, (b) the Defendant made the victim uneasy.

subsection (b) of this section.

2. Article 3(1)19 of the Punishment of Minor Offenses Act provides that a person who makes another person uneasy, annoyed, or offended by standing in the way, provoking, gathering around, following, or uttering very rough and disorderly words or conducts, without justifiable grounds, shall be punished as a light crime.

According to the evidence duly admitted and examined by the court below, the female victim's refusal to take the horses by the male victim.

Although the defendant continued to follow the victim's attitude, it can be recognized that the victim reported to the police by sparing uneasiness.

According to the above facts of recognition, the defendant followed the victim without any justifiable reason, thereby uneasying the victim.

may be appointed by a person (the defendant's act did not reach the degree of causing the person to be uneasy)

may be deemed to have been

Even if the defendant's act constitutes annoying and diseasible act following the victim without justifiable grounds, it does not change to constitute a crime of violation of Article 3 (1) 19 of the Punishment of Minor Offenses Act (Article 3 (1) of the Punishment of Minor Offenses Act). Accordingly, the defendant's assertion is rejected.

3. In 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.

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