The accused shall publicly announce the summary of the judgment of innocence.

1. On August 16, 2013, the Defendant: (a) taken the Defendant’s cell phone from the subway train that moves from the independent text to the old wave, without permission, to create anxiety, such as creating a sense of shame and displeasure to the victim, by photographing the victim C with the Defendant’s cell phone.

2. The chief of the Seodaemun-gu Seoul District Police Station requested a summary trial by stating that Article 3(1)19 of the Punishment of Minor Offenses Act is applicable mutatis mutandis to the above charged facts.

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 a way, provoking a trial expense, gathering around, following, or uttering very rough and menacing words or conducts, without justifiable grounds, or a person who intentionally exposing a fluence at a public place, such as a road or a park, which is used or frequent by many people, shall be punished by a fine not exceeding 10,000 won, by penal detention, or by a minor fine.

Since the principle of no crime without the law requires the provision of a crime and a punishment by law in order to protect the freedom and rights of individuals from the arbitrary exercise of the state's penal authority, the interpretation of a penal provision should be strict, and it is not allowed as it is against the principle of no crime without the law to excessively expand or analogically interpret the meaning of

Even if the defendant taken a cell phone without permission to cause a sense of shame and diseasure to the victim, as stated in the above facts charged, such act of the defendant does not constitute an act of "the act of causing others to uneasy, annoying or diseasying another person or annoying act by a speech or behavior that makes the victim go through or going through," as stipulated in Article 3 (1) 19 of the Punishment of Minor Offenses Act.