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Defendant shall be punished by a fine of KRW 70,000.
If the defendant does not pay the above fine, 35,000 won shall be paid.
Reasons
Punishment of the crime
1. Around March 25, 2008, the Defendant: (a) on March 25, 2008, the Defendant: (b) on March 21:42, 2008, Dobong-gu Seoul Jungdong 2 left the 122 Seoul Jung-gu square, thereby slicking around it.
2. The Defendant, on April 27, 2008, entered the place where the outside person's access is prohibited in the 122 Seoul Central District on April 27, 2008.
Summary of Evidence
1. Defendant's legal statement;
1. Inquiries into written notification;
1. A written notice for payment, such as in-depth and penalty;
1. Application of Acts and subordinate statutes in summary trial;
1. Article applicable to criminal facts;
(a) Acts of disturbance in neighboring areas: Article 1 subparagraph 26 of the Punishment of Minor Offenses Act;
(b) Access without permission: Article 1 subparagraph 49 of the Punishment of Minor Offenses Act;
1. Selection of an alternative fine for punishment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 8 of the Criminal Procedure Act of the Punishment of Minor Offenses Act provides that “A person who refuses to obtain a notification” (Article 6(1)1 of the Punishment of Minor Offenses Act), “a person whose residence or identity is uncertain” (Article 6(1)2 of the Punishment of Minor Offenses Act), “a person who is extremely difficult to make a notification” (Article 6(1)3 of the Punishment of Minor Offenses Act), and “a person who fails to pay a penalty within the period for payment of penalty (Article 7(2) of the Punishment of Minor Offenses Act),” and “a person who fails to pay a penalty within the period for payment of penalty (Article 7(2) of the Punishment of Minor Offenses Act),” shall request a summary judgment without delay.
The Defendant’s defense counsel asserts that the date and time of the instant offense committed by the Defendant was March 25, 2008 and April 27, 2008, and that the date and time of the instant claim for summary judgment was around October 12, 2012, and thus, the instant claim for summary judgment violated Article 8 of the Punishment of Minor Offenses Act, and thus, the instant indictment violates Article 254 of the Criminal Procedure Act, and thus, the instant indictment should be dismissed.
Article 254 of the Criminal Procedure Act provides that the indictment shall be submitted to the competent court by the method of prosecution (Paragraph 1), and the indictment shall be submitted.