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The defendant shall be innocent.
Reasons
1. On June 28, 2016, the Defendant spited the instant facts charged at the second floor parking lots of Seoul Special Metropolitan City Nowon-gu Seoul Special Metropolitan City, Nowon-gu Seoul Special Metropolitan City, the second floor parking lots of the building, the Ebenz owned D (the age of 42) and Ebenz E200 cars. Accordingly, the Defendant spited spits at the streets, parks, and other places where many people gather or frequent without permission. 2.
A. The statutory principle of criminal punishment requires that the crime and punishment should be defined by law in order to protect individual freedom and rights from the arbitrary exercise of the State’s penal authority.
In light of such purport, the interpretation of the penal law must be strict, and it is not permitted to excessively expand or analogically interpret the meaning of the penal law in the direction unfavorable to the defendant because it is contrary to the principle of statutoryism in the crime.
B. In the instant case, in full view of the Defendant’s legal statement, witness D’s legal statement, image of damaged vehicle pictures, etc., the Defendant’s spitation on the complaint that the Defendant parked in a place other than the designated parking zone, which is located on the second floor parking lot of the building attached to the facts charged, is recognized.
However, Article 3 (1) 12 of the Punishment of Minor Offenses Act provides that a person who spits, spits, or causes another person to do so, or takes care of his/her body, such as a dog, park, or any other place where many people gather or frequent, shall be punished by a fine not exceeding 10,000 won, by detention, or by a minor fine.
The purpose of the provision is to regulate and punish the acts of spiting or see spiting spits in public places, such as roads and parks, etc.
Even if the defendant spits or spits another person's vehicle parked in the underground parking lot, the defendant is on the floor or passage of the above underground parking lot.