208No1546 Violation of the Punishment of Minor Offenses Act

OO

Defendant

Woo-man Park

Daegu District Court Decision 2008Gohap174 Decided May 2, 2008

208.7.24

The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

In the case of this case where a formal trial is requested by the prosecution to the court, all documents related to the case are sent en bloc according to the principle of the principle of the principle of the indictment only, despite submission of the formal trial and the written request for the summary trial according to the principle of the principle of the indictment only. This is against the principle of the indictment only.

2. Determination:

A summary judgment shall be requested by the chief of the competent police station or by the chief of the competent maritime police station (Article 3(1) of the Act on the Procedure for the Summary Trial), and the chief of the police station shall submit documents or articles of evidence necessary for the summary judgment at the same time as the request for the summary judgment (Article 4 of the Act on the Procedure for the Summary Trial). A summary judgment request by the chief of the police station is an act of litigation in the same nature as the prosecution of the public prosecutor in the ordinary trial. As such, the summary judgment is recognized as an exception to the principle of an indictment only for a case of which evidence is obvious and which offense is minor, without due process of ordinary criminal procedure, and it cannot be said that evidence and articles of evidence have been submitted to the judge at the same time as the request for the summary judgment. In addition, where a defendant requests a formal trial against the summary judgment, the judge shall send the case records and articles of evidence accompanied by the formal trial request to the chief of the competent public prosecutor's office or branch office without delay, and the chief of the public prosecutor's office or branch office shall send them without delay to the competent court (i.

Therefore, this case’s indictment procedure constitutes null and void in violation of the statutory provisions. The Defendant’s assertion is without merit.

3. Conclusion

Therefore, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

The presiding judge, judges, Gimhae

Judge Dool-young

Judges Park Jae-Gyeong