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(영문) 창원지방법원 진주지원 2019.09.18 2019고단630

경범죄처벌법위반

Text

The prosecution of this case is dismissed.

Reasons

1. On September 11, 2016, the Defendant: (a) around 02:36, at the C convenience store located in Jinju-si, committed an act, such as disturbance of drinking alcohol under Article 3(1)20 of the Punishment of Minor Offenses Act;

2. The facts charged pertaining to the judgment must be stated clearly by specifying the date, time, place, and method of the crime.

(Article 254(4) of the Criminal Procedure Act provides that Article 3(1)20 of the Punishment of Minor Offenses Act provides that “a person who, under the influence of alcohol, behaves around another person by uttering or doing rough words or conducts, or who, without good cause under the title of “a person who, under the influence of alcohol, behaves in the place where many people gather or frequent, such as a public hall, theater, restaurant, etc., or a train, motor vehicle, ship, etc. on which many people are aboard, shall be punished.”

However, the claim for summary trial of this case does not state how the defendant committed any act among the above elements of the crime under Article 3 (1) 20 of the Punishment of Minor Offenses Act.

3. Conclusion, the facts charged in the instant case constitute a case where the indictment procedure is null and void due to its violation of the provisions of the Act on the Punishment of Minor Offenses, for lack of specific criminal facts.

The public prosecution is dismissed pursuant to subparagraph 2 of Article 327 of the Criminal Procedure Act.