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(영문) 춘천지방법원 속초지원 2014.08.08 2014고정47
경범죄처벌법위반
Text

The defendant shall be innocent.

Reasons

1. On January 22, 2014, the Defendant discovered eight customers who want to enter the restaurant of “E” in front of the restaurant of “D” operated by himself/herself in Seocho-si, Seocho-si, and one of them was knife and voice to return to the restaurant of “D”, and led the Defendant to enter the restaurant of “D” and enter the restaurant of “D”.

2. As to the assertion and judgment, the defendant and his defense counsel asserted that the act of attracting customers by hand does not constitute a guest act stipulated in Article 3 (1) 8 of the Punishment of Minor Offenses Act, and that there was no fact that the defendant made a brupt act against customers by voice.

On the other hand, Article 3(1)8 of the Punishment of Minor Offenses Act provides that "the act of soliciting customers" is "the act of soliciting customers at a place where many people gather or frequent," and it is difficult to see that the act of soliciting customers is an act of soliciting customers as provided in the above Act, and as to whether the defendant satiseing customers by voice, the witness F and G's each legal statement of the witness F and G does not correspond to the act of soliciting customers, but the defendant satise the voice of the customers, and F are written from G, and G are written from F, and they are written from F, so long as G and F make a statement about their contents and contents in this court (it is difficult to believe that both the above contents of each statement were made from the opposite party). There is no other evidence to recognize it differently.

3. In conclusion, the facts charged in this case premised on the Defendant’s act of soliciting under Article 1 subparag. 8 of the Punishment of Minor Offenses Act fall under either a case where it is difficult to regard a criminal act that may be punished under the pertinent Act, or the proof of such crime is insufficient, and thus, Article 325 of the Criminal

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