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(영문) 부산지방법원 2020.12.18 2020고단3402
경범죄처벌법위반
Text

The prosecution of this case is dismissed.

Reasons

On February 10, 2016, the Defendant: (a) around 03:53 on February 10, 2016, at C located in the Dong-gu Busan Metropolitan City, the Defendant rendered “free and unclaimed type” under Article 3(1)39 of the Punishment of Minor Offenses Act.

2. The facts charged pertaining to the judgment must be stated clearly by specifying the date, time, place, and method of the crime.

(Article 254(4) of the Criminal Procedure Act provides that Article 3(1)39 of the Punishment of Minor Offenses Act provides that “a person who makes another person board a car or ship for business purpose or sells food to another person without good cause” shall be punished for “a person who fails to pay a value without good cause after having gotten such a car or ship for business purpose or having such food sold by another person.”

However, the claim for summary trial of this case does not state how the defendant committed any of the above elements of the crime under Article 3 (1) 39 of the Punishment of Minor Offenses Act.

3. Conclusion, the facts charged in the instant case constitute a case where the indictment procedure is null and void due to its violation of the provisions of the Act on the Punishment of Minor Offenses, for lack of specific criminal facts.

The public prosecution is dismissed pursuant to subparagraph 2 of Article 327 of the Criminal Procedure Act.

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