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(영문) 인천지방법원 2021.03.12 2020고단572
경범죄처벌법위반
Text

Acquittal of the accused shall be acquitted.

Reasons

No one who is the summary of the facts charged shall throw away without permission cigarette butts, gum, suspension, garbage, dead animal, other dirty or useless things at any place.

Nevertheless, around April 6, 2015, around 15:34, the Defendant laid away objects such as cigarette butts in front of the Gangnam-gu Seoul Samsungdong's house at any place without permission.

2. According to Article 8(3) of the Punishment of Minor Offenses Act, a person who has received a notification of payment of penalty and paid penalty shall not be punished again for the same offense, and this is recognized as having the same effect as a final and conclusive judgment of the payment of penalty by notification.

According to the records of this case, the defendant was notified of the above facts charged and paid 45,000 won including the penalty surcharge on December 27, 2019, prior to the payment deadline ( December 30, 2019).

According to the above facts, the effect corresponding to the final judgment on December 27, 2019 on the violation of the Punishment of Minor Offenses Act, which was already effective due to the payment of penalties, reaches the facts charged in this case.

Thus, the facts charged in this case constitute a final judgment, and thus, a judgment of acquittal is rendered pursuant to Article 326 subparagraph 1 of the Criminal Procedure Act.

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