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(영문) 대전지방법원 2020.06.16 2020고단499
경범죄처벌법위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is around 00:30 on December 27, 2019, the Defendant, while getting on and off the KTX B train in Busan, the Defendant did not pay a value without good cause.

2. The prosecutor of the judgment submitted evidence as to the facts charged in the instant case, such as notification of detection of the Special Judicial Police Team (Notification of Detection of Persons subject to Summary Trials), transfer documents, accusation documents, and written statement of D of the head of the CJ service team, investigation reports (cases of non-standing judgments).

However, the above evidence alone can only recognize the fact that the defendant refused to receive a notification disposition even though the defendant was found to have been exposed to an act of free dismissal as stipulated in Article 3 (1) 39 of the Punishment of Minor Offenses Act, and only the defendant requested a summary judgment, and it is insufficient to view that the defendant was proven to the extent that there is no reasonable doubt as to the facts charged that the defendant did not take a train for business use at the above time, and there is no other evidence to acknowledge

In full view of the contents of the Defendant’s statement and the materials submitted by the Defendant, namely, a letter of credit card payment approval, card payment receipt, and fare receipt for the issuance of the Railroad Corporation, the following facts are recognized.

In other words, around 23:05 on December 26, 2019, approximately 1 hour and 30 minutes prior to the above detection, the Defendant: (a) purchased boarding passes from the Seoul Daejeon District of the Seoul Daejeon District of the Seoul KTX B train in the Seoul District, and completed the normal settlement by his own credit card and completed the right to the next generation (the approval was immediately sent to the Defendant’s cell phone text messages), but the boarding passes were lost.

After boarding a passenger vehicle, the defendant was seated in a designated seat, and he was seated in another seat (which seems to have been a seat not sold even if he was a seat) other than the original seat in the toilet, and the crew of the defendant passed.

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