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(영문) 대구지방법원 2017.08.10 2017고단191
경범죄처벌법위반
Text

The defendant shall be innocent.

Reasons

1. The Defendant, on January 11, 2013, engaged in an act of disturbing drinking alcohol in the Dong-gu Daegu District, Daegu District on the following grounds: (a) around 03:40 on January 11, 2013:

2. The prosecutor of the judgment submitted a written request for inquiry, a written notification, etc. as evidence of the facts charged in the instant case.

However, the above evidence alone can only be acknowledged that the Defendant did not pay a penalty of KRW 50,00 by the due date for the first and second payment, even though he/she was discovered on January 11, 2013 and was notified of imposition of KRW 50,000 by an act, such as a disturbance of drinking, etc. under Article 1 subparag. 25 of the former Punishment of Minor Offenses Act (wholly amended by Act No. 11401, Mar. 21, 2012). In fact, the Defendant was proved to the extent that there is no reasonable doubt as to the facts charged at the time and place in question that “a person was engaged in an act of provokinging or damaging the surroundings by uttering or doing rough words or doing so, without justifiable reasons,” at the same time and place.

It is insufficient to view it, and there is no other evidence to prove it.

Thus, since the facts charged in this case constitute a case where there is no proof of crime, the court rendered a judgment of innocence pursuant to the proviso of Article 325 of the Criminal Procedure Act, and the defendant cannot obtain the consent of the defendant because he did not appear on the sentencing date, the public announcement of the judgment of innocence pursuant to the proviso of Article 58 (2) of the Criminal

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