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(영문) 서울북부지방법원 2020.08.21 2020고단104
경범죄처벌법위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged was around January 29, 2015, at around 01:53, the Defendant created anxiety at C convenience stores located in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu B.

2. Determination

A. According to each legal statement of the Defendant and witness D, the Defendant: (a) was an employee who received hourly wages at the above convenience store as stated in the facts charged; (b) was an drunk customer on the above convenience store; (c) reported 112 by the police officer of the E box; (d) was sent to the above convenience store upon receiving 112 reports; and (c) he heard the talk from the Defendant and the above customer; and (d) provided explanation that the said customer’s abusive act cannot be punished as a crime of insult because of lack of performance; (d) the Defendant provided an explanation that the said customer’s abusive act cannot be punished as a crime of insult; (e) pursuant to Article 3(1)20 (f) of the Punishment of Minor Offenses Act, it is difficult for the Defendant to believe that the said customer was not a member of the convenience store at the time of notification; and (e) in light of the fact that the said customer was not a member of the convenience store at the time of public performance; and (e) in light of the above circumstances, the Defendant was not a member of the above convenience store.

B. 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 a vision, gathering around, following, or uttering very rough and disorderly words or conducts, without justifiable grounds, or a person who intentionally exposes another person to feel aversion by exposing a fright at a public place, such as a road, park, etc. used or frequent by many people, shall be punished by a fine not exceeding 100,000 won, penal detention, or minor fine.”

First of all, the above acts of the defendant are different without good cause.

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