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(영문) 인천지방법원 2016.09.28 2016노2255
경범죄처벌법위반
Text

All judgment of the court below shall be reversed.

[Attachment 1] Defendant shall be punished by a fine of KRW 50,00.

Reasons

1. The decision of the court below (the first instance court: the fine of KRW 100,00, the second instance court; the fine of KRW 1.5 million: the fine of KRW 1.5 million; the fine of KRW 3 million: the fine of KRW 2 million) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds of appeal by the defendant. The judgment below contains reasons for reversal ex officio as follows (as between the criminal facts of the first instance judgment and the criminal facts of the second and third instance judgment, there exists a final judgment sentenced to imprisonment without prison labor or heavier punishment as follows). (A) In other words, according to Article 14(1) and (2) of the Procedure Act, where the defendant and the chief of the police station are dissatisfied with the trial, he may request formal trial in other cases, and under Article 19 of the above Act, the provisions of the Criminal Procedure Act shall apply mutatis mutandis to the trial proceedings unless it is against the nature of the above Act, and under Articles 453 and 457-2 of the Criminal Procedure Act, a public prosecutor or the defendant may request formal trial in cases where he/she is dissatisfied with the summary order, and in other words, he/she shall not request formal trial in cases where he/she is dissatisfied with the summary order under Article 95 of the Criminal Procedure Act, and he/she shall not request formal trial in other cases where he/she is sentenced to a fine or a summary order.

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