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(영문) 의정부지방법원 2014.04.11 2014고단255
경범죄처벌법위반
Text

Acquittal of the accused shall be acquitted.

Reasons

1. The summary of the claim for summary judgment is that the Defendant smoked in non-smoking places, such as smoking tobacco in the C District located in Dongbcheon-si, Dongbcheon-si on September 12, 2008.

2. For the same reasons as before June 13, 2013, the head of the relevant police station at the team head office issued a notification disposition of KRW 20,000,000 to the Defendant, and thereafter filed a request for a summary judgment with the Jung-gu District Court at the Dongbcheon District Court on July 12, 2013. However, according to the records of this case, the Defendant may recognize the fact that 30,000 won, including the penalty, imposed on the Defendant, was already paid to the Central Saemaul Depository on July 11, 2013, the payment

However, according to Article 7(3) of the Punishment of Minor Offenses Act, a person who has paid a penalty shall not be punished again for the same offense. This is recognized as having the effect corresponding to a final judgment of the payment of penalty by a notification disposition (see, e.g., Supreme Court Decision 2002Do2642, Jul. 11, 2003). Therefore, the violation of the request for summary judgment of this case constitutes the time when a final judgment has been rendered.

Therefore, the defendant is acquitted in accordance with Article 326 (1) of the Criminal Procedure Act.

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