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(영문) 서울중앙지방법원 2020.04.07 2020고단117
경범죄처벌법위반
Text

Defendant shall be punished by a fine of KRW 100,000.

If the defendant does not pay the above fine, 20,000 won.

Reasons

Punishment of the crime

Part of the facts charged shall be revised and supplemented without going through amendments to indictment to the extent that it seems that there is no concern about substantial disadvantage to the defendant's defense right.

On June 8, 2015, at around 14:25, the Defendant: (a) left Jongno-gu Seoul Jongno-gu, Jongno-gu, Seoul, 99 (Seoul), the North Korean Park, thereby slicking neighbors; and (b) committed an act of disturbance in neighboring areas.

Summary of Evidence

1. A summary trial report;

1. Demand for summary judgment;

1. Inquiries into written notification;

1. Application of the Acts and subordinate statutes to the request for formal trial, recovery and application thereof;

1. Relevant provisions of the Punishment of Minor Offenses Act and Article 3 (1) 21 of the Punishment of Minor Offenses Act (wholly amended by Act No. 14839, Jul. 26, 2017);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The point concerning the trial in which the defendant is absent under Article 334(1) of the Criminal Procedure Act;

1. Article 19 of the Procedure Act provides that “The provisions of the Criminal Procedure Act shall apply mutatis mutandis to the procedure of a summary trial unless otherwise provided by this Act in the procedure of a summary trial.”

Meanwhile, in case where the defendant who has requested a formal trial on the date of trial in progress due to a formal order, fails to appear, the new date shall be fixed, and where the defendant fails to appear in the court on the new date without justifiable grounds, a judgment may be rendered without the defendant's statement

(Article 458(2) and Article 365 of the Criminal Procedure Act). Furthermore, in a case where only the defendant requests formal trial and a judgment is pronounced, a judgment may be pronounced without the attendance of the defendant.

(Article 277 subparagraph 4 of the Criminal Procedure Act). 2. A case where both the right to request formal trial against a summary order and the right to request formal trial against a summary order are dissatisfied with a trial by the summary punishment procedure for a crime punishable by a fine not exceeding a fine.

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