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(영문) 대구지방법원 안동지원 2017.12.08 2017고단599
경범죄처벌법위반
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged is as follows: (a) the Defendant, at C convenience stores located in Yongsan-si B around August 8, 2014, controlled by creating unstables under Article 3(1)19 of the Punishment of Minor Offenses Act; and (b) even after receiving a penalty payment notice from the head of the police station in the Seodaemun-gu police station, the Defendant did not pay a penalty of KRW 50,000 by August 18, 2014, which is the first payment deadline, and a penalty of KRW 60,000 by September 11, 2014, which is the second payment deadline.

Judgment

Article 254 (4) of the Criminal Procedure Act provides that "The entry of a public prosecutor's office in the public prosecutor's office shall specify the facts by specifying the date, place, and method of the crime.

"........"

Of the above facts charged, the unpaid penalty portion is merely the fact that led to the trial, and the content of the crime is merely that “the defendant was under control by the date and time, time, and place recorded in the facts charged,” and it does not contain any specific fact of act.

If so, the facts charged in the instant case were specified.

shall not be deemed to exist.

Therefore, this case constitutes a case where a prosecution procedure is null and void in violation of the provisions of law, and thus, the prosecution is dismissed pursuant to Article 327 subparagraph 2 of the Criminal Procedure Act. It is so decided as per Disposition.

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