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The appeal is dismissed.
Reasons
The grounds of appeal are examined.
1. In Chapter III of the Punishment of Minor Offenses Act, the Punishment of Minor Offenses Act provides for notification disposition (Article 7), payment of penalty (Articles 8 and 8-2), and disposition of non-compliance with notification disposition (Article 9).
A person subject to a disposition of notice by the chief of a police station shall pay the penalty within ten days from the date on which he/she receives the written notice from the chief of a police station, and a person who fails to pay the penalty within the aforesaid period shall pay the penalty plus an amount of 20/100 to the notified penalty within 20
(Article 8(1) and (2) of the Punishment of Minor Offenses Act (Article 8(2) of the Punishment of Minor Offenses Act). The chief of a police station shall without delay file a claim for summary judgment against the person who has failed to pay the penalty by the payment deadline provided for in Article 8(2) of the Punishment of Minor Offenses Act (Article 9(1)2 of the same Act), and even if the claim for summary judgment is made, in case where the accused pays the penalty notified plus 50
(2) Article 9(2) of the Punishment of Minor Offenses Act provides that a person who has paid the penalty so notified shall not be punished again for the same offense (Article 8(3) and Article 9(3) of the same Act). In light of the aforementioned provisions and the legislative purport of the notification disposition, the penalty system under the Punishment of Minor Offenses Act provides for special cases concerning punishment for not instituting prosecution against the payer where he/she pays the penalty in accordance with the notification disposition issued by the chief of the police station prior to the criminal procedure for the offense, and differs from the court’s institutional purpose and legal nature.
(see, e.g., Supreme Court Decision 2012Do6612, Sept. 13, 2012). Moreover, even if an offender fails to comply with a notification disposition, a litigation economy is conducted by recognizing the exceptions to the principle of disinfection, thereby treating the case in a simple, prompt and prompt manner without going through the trial proceedings through a request for a summary judgment by the chief of a police station.