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(영문) 수원지방법원 안산지원 2017.12.21 2017고정885
폭력행위등처벌에관한법률위반(우범자)
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. On May 20, 2017, the Defendant of the instant facts charged: (a) committed an act accompanying 2 meters of length of 8.5 cm on the street, prior to the fact that the head of the Ansan Central New Cooperative, located in the Dong-ro 115, Ansan-si, an Ansan-si, a member of the Dong-si, and an Ansan-si, an Dong-ro 115, with no particular reason.

Accordingly, the defendant, without justifiable reasons, made a person uneasy by doing very rough and menacing act.

2. The prosecutor asserts that the first instance Defendant’s act constitutes Article 7 of the Punishment of Violences, etc. Act. However, while the trial is in progress, the court applied for the amendment of a bill of amendment to the Punishment of Minor Offenses Act which changes the applicable provisions into Article 3 subparag. 19 of the Punishment of Minor Offenses Act. The Defendant and the defense counsel approved that the Defendant committed an act accompanying each item as stated in the facts charged at the time, but it was merely a good credit.

Article 3 subparag. 19 of the Punishment of Minor Offenses Act provides that "an act of making another person uneasy or uneasying by standing in the way, provoking, gathering around, following, or uttering or doing rough and disorderly words or acts, without any justifiable reason," and "an act of making another person uneasy by intentionally exposing a fright at a public place, such as a road or park, which is used or frequent by many people," is punished. "an act of making another person uneasy by doing a riot by doing a very rough and disorderly act," in light of the phrase "an act of standing in the way, provoking, gathering around, or following it," a person who is the subject of such act should be identified.

The evidence presented by the prosecutor is the fact that the defendant committed an act accompanying each item as shown in the facts charged at the time, and that there was a person witness and reported to the police.

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