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(영문) 서울남부지방법원 2018.11.07 2018고단4484
경범죄처벌법위반
Text

The prosecution of this case is dismissed.

Reasons

The facts charged in the instant case for which the head of the Seoul Gangnam Police Station requested a trial on the final decision are as follows: (a) the above Defendant was notified of the violation of Article 1 subparag. 25 (former Act) of the Punishment of Minor Offenses Act (D) at the above date (2012. 06:30 on June 8, 2012) and at the place (B apartment C) (B apartment C) and did not pay the penalty on several occasions due to the failure to attend the trial, but (b) the Defendant sent a written peremptory notice to attend the trial and visited the location of the investigation; (c) there is no effectiveness of the request for attendance and the investigation on the location; and (d) the Defendant was requested to file a trial for non-revision pursuant to Article 7 subparag. 3 (3) of the Procedure Act (the Reviewer-351) of the Trial Procedure Act on the Trial

Article 254 (4) of the Criminal Procedure Act provides that the time, place, and method of a crime shall be specified. Thus, the indictment without a detailed statement of a crime shall be deemed null and void.

In doing so, the facts charged of this case did not state specific facts constituting the crime.

Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 2 of the Criminal Procedure Act, since the procedure of prosecution is in violation of the law and becomes null and void.

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