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(영문) 서울남부지방법원 2021.01.12 2020고단5052
경범죄처벌법위반
Text

The prosecution of this case is dismissed.

Reasons

1. On August 25, 2015, the Defendant: (a) around 22:30 on August 25, 2015, the summary of the facts charged was the non-standing and non-standing vehicles under Article 3(1)39 of the Punishment of Minor Offenses Act in front of C cafeterias located in B.

2. The facts charged should be stated by specifying the date, time, place, and method of a crime (Article 254(4) of the Criminal Procedure Act). Article 3(1)39 of the Punishment of Minor Offenses Act provides that “a person who, without good cause, gets off a car or ship for business use or sells food to another person and fails to pay a value without any justifiable reason.”

However, the charged facts of this case do not state how the defendant committed any of the above acts among the above acts of constituting the elements under Article 3 (1) 39 of the Punishment of Minor Offenses Act.

3. In conclusion, since the facts charged in this case are not specified and thus the indictment procedure is null and void as it violates the provisions of law, the indictment is dismissed pursuant to Article 327 subparagraph 2 of the Criminal Procedure Act.

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