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(영문) 광주지방법원 2020.12.09 2020고단3467
경범죄처벌법위반
Text

The defendant shall be innocent.

Reasons

1. On May 10, 2016, the Defendant committed an act, such as disturbance of drinking alcohol under Article 3(1)20 of the Punishment of Minor Offenses Act, within C located in Gwangju Dong-gu, Gwangju, around 14:44.

2. Article 3(1)20 of the Punishment of Minor Offenses Act provides for the punishment of persons falling under “a person who, under the influence of alcohol, behaves in the surroundings by very rough words or conducts, or who, without good cause, behaves on other persons under the influence of alcohol at a place where many people gather or frequent, such as a public hall, theater, restaurant, etc., or a train, motor vehicle, ship, etc. carrying many people.”

The prosecutor presented a written notification as evidence on the facts charged of this case.

However, the evidence submitted by the prosecutor alone can be acknowledged that the defendant was notified of the penalty amounting to 50,00 won on May 10, 2016 by an act, such as a disturbance of drinking, etc. under Article 3(1)20 of the Punishment of Minor Offenses Act, and did not pay the penalty within the payment deadline. It is difficult to view that the defendant was proved to the extent that there is no reasonable doubt as to whether he/she was committing a crime, and there is no other evidence to acknowledge it otherwise.

Therefore, since the facts charged in this case constitute a case where there is no proof of facts constituting the crime, it is so decided as per Disposition with the decision of not guilty on the defendant under the latter part of Article 325

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