The defendant shall be innocent.

1. On May 20, 2018, the Defendant was under the influence of alcohol at the Busan Police Station C District District of the Busan Police Station located in Busan High-gu, Busan High-gu on May 20, 2018 on the ground that he was arrested as an offender of the crime of assault, and the Defendant entered the said District Zone and work for the police officers, such as Scman D, etc., who entered the said District and work for the situation at that place.

The Government was under the influence of alcohol for about two hours, such as the collection of trial expenses, and was flick by the Government.

2. Determination

A. Article 3(3)1 of the Punishment of Minor Offenses Act provides that “a person, while under the influence of alcohol, who, by doing rough words and conducts, carries in a riotous or disorderly manner at a government office, shall be punished.”

In addition, in light of the legislative intent and purpose at the time of the enactment of Article 1(the legislative purpose), Article 2(Prohibition of Abuse) of the Punishment of Minor Offenses Act, and Article 3(3)1 of the Punishment of Minor Offenses Act, Article 3(3)1 of the Punishment of Minor Offenses Act should be strictly interpreted.

B. According to the evidence submitted by the prosecutor, in particular, the fact that the Defendant’s search for the Busan Police Station C District Team while under the influence of alcohol on the date and time stated in the facts charged was unjust to arrest him/her prior to 2 hours, requiring the police officer’s personal information to inform the police officer of his/her personal information, and repeated the same act while refusing the police officer’s request to leave.

(c)

However, Article 3(3)1 of the Punishment of Minor Offenses Act, which is the legal provision applicable to the instant case, provides that “A person who, by uttering or doing rough words or conducts, is punished.” Although the Defendant had repeated the above actions without leaving the earth for a long time, it is difficult to view that the Defendant’s act constitutes the elements of the said organization unless he/she followed or does so, or does so.