The validity of the act of penalty payment under Article 7 (2) of the Punishment of Minor Offenses Act;

Since Article 7 (2) of the Punishment of Minor Offenses Act provides that where an offender receives a notification and pays a penalty, he/she shall not be punished again for the same offense, it shall be interpreted to recognize the validity corresponding to the validity of the final and conclusive judgement of payment of the penalty in question. Therefore, where a public prosecution is instituted against such violation, a judgment of acquittal shall be rendered

Article 7(2) of the Punishment of Minor Offenses Act; Article 326 subparag. 1 of the Criminal Procedure Act

Defendant

Prosecutor

Msan District Court Decision 85No434 delivered on November 1, 1985

The appeal is dismissed.

The prosecutor's grounds of appeal are examined.

In light of the records, the court below's decision of acquittal should be made in case a public prosecution is instituted in violation of the above provision that the facts charged in this case and the facts charged in violation of the Punishment of Minor Offenses Act are the same in the basic point of view, and there are no errors in the theory of lawsuit, and the purport of Article 7 (2) of the Punishment of Minor Offenses Act that Article 7 (2) of the Punishment of Minor Offenses Act provides that if an offender receives a notification and pays a penalty, the offender shall not be punished again for the offense. The judgment of the court of the first instance which affirmed the judgment of acquittal of the defendant is just and there is no illegality in law.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating judges.

Justices Kim Jong-sik (Presiding Justice)