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(영문) 서울북부지방법원 2019.10.24 2019노974

공연음란

Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

Summary of Grounds for Appeal

Although the defendant requested a formal trial, the court below did not return the records of the principle of an indictment only, which is in violation of the principle of an indictment only.

The Defendant, in the misunderstanding of facts, was exempted from Kadiths on the parking lot, prevented tobacco again, and did not work properly in the process of re-inserting clothes, and did not engage in obscenity, such as the facts charged in the instant case.

Judgment

When a prosecutor requests a summary order, he/she shall submit documentary evidence and evidence necessary for the summary order at the same time as the request for the summary order is made (Article 170 of the Rules of Criminal Procedure). This is recognized as an exception to the principle of an indictment only because the summary procedure is a trial by a written hearing. Therefore, the documentary evidence and evidence were submitted to the court simultaneously with the request for the summary order

The principle of an indictment only was violated.

Now, even though a request for formal trial against a summary order has been made thereafter, the court is keeping the evidentiary documents and articles of evidence without returning them to the public prosecutor, and the procedure for filing a public prosecution which has already been lawfully filed cannot be deemed unlawful.

(See Supreme Court Decision 2007Do3906 Decided July 26, 2007). Accordingly, in this case where the Defendant’s request for a formal trial against a summary order was filed, the lower court did not return the evidence record to the prosecutor.

Even if there is no violation of the principle of indictment only.

The defendant's above assertion is not accepted.

The Defendant appears to be a clerical error in March 31, 2018, as stated in the instant indictment on March 13, 2018, on which the instant indictment was issued.

At around 20:05, C, etc. are reported by the parking lot behind the apartment building B in Jung-gu Seoul Metropolitan Government, and the bomb is set down between the bomb and the bomb.