The defendant shall be exempted from punishment.

Punishment of the crime

On June 21, 2018, the Defendant was sentenced to three years of imprisonment with prison labor at Seoul High Court for robbery, etc., and the judgment became final and conclusive on June 25, 2018.

On July 22, 2014, at around 22:46, the Defendant: (a) was controlled as dumping (tobacco butts, Chewing) such as garbage, etc. under Article 3(1)11 of the Punishment of Minor Offenses Act, and was issued a notice for payment of penalty in the Seoul Southern Police Station, and did not pay the penalty within the statutory period.

Summary of Evidence

1. Legal statement of witness D;

1. A written request for summary judgment, an inquiry into a written notification, and a written notification for penalty payment;

1. Previous convictions: Criminal records, written confirmation of investigation (verification of the records of the same kind as the accused) and defense counsel asserted that the indictment of this case is null and void in violation of the provisions of Acts, since the date and method of the crime are not specified properly.

However, in full view of the facts charged, the date and place of the crime are “Seoul Station at around July 2, 2014,” and the method of crime is specified as “waste butts, such as waste, cigarette butts, and Chewing,” and the Defendant’s signature on a direct notification (Evidence No. 15) upon receipt of a penalty payment notice at the time, it is difficult to view that the facts charged was not specified solely on the ground that the Defendant did not specify how to dumping garbage.

Application of Statutes

1. Relevant provisions of the Punishment of Minor Offenses Act and Article 3 (1) 11 of the Punishment of Minor Offenses Act, and Selection of fines;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Punishment of minor crimes exempted from punishment: Article 5 of the Punishment of Minor Offenses Act (Consideration of various sentencing conditions shown in the arguments in this case, including the criminal records of the first head, the age, character and conduct, environment, details of crimes, and circumstances after crimes);