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(영문) 의정부지방법원 2013.07.17 2013고단1894
경범죄처벌법위반
Text

Acquittal of the accused shall be acquitted.

Reasons

The summary of the facts charged of this case is that "the defendant smoked in the non-smoking area in the So-dong So-dong So-dong, So-dong, So-young around October 14:30 of 2008."

According to the records, the Defendant was wholly amended by Act No. 11401, Mar. 21, 2012 by the Head of the Yangju Police Station on October 31, 2008 on the ground that he/she committed an act identical to the above facts charged.

(a) The same shall apply;

Article 1 subparag. 54 of the former Punishment Act (amended by Presidential Decree No. 2000, Nov. 10, 2008); Article 7(1) of the former Punishment of Minor Offenses Act (amended by Presidential Decree No. 2000, Nov. 10, 2008); Article 7(1) of the same Act (amended by Presidential Decree No. 2000, Nov. 10, 2008) provides that a penalty shall be paid within 10 days from the date of receipt of the written notification; and the original payment period is from October 31, 2008 to November 10, 2008. The first payment period of the penalty payment notice that the Defendant received at the time of the above notice is erroneous as of November 11, 2008; Article 7(2) of the former Punishment of Minor Offenses Act (amended by Presidential Decree No. 2000, Oct. 20, 2008).

Based on the above facts of recognition, the defendant's payment of penalty in accordance with the notification disposition, the main sentence of Article 7 (1) of the former Punishment of Minor Offenses Act shall be determined by the National Treasury Bank, its branch or agency, post office or Jeju Special Self-Governing Province Governor who is designated by the Commissioner of the National Police Agency or the Commissioner of the National Maritime Police Agency within 10 days from the date of receipt of the notification disposition.

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