The judgment below
Part concerning Defendant B, C, and D among them shall be reversed.
B, C, and D are not guilty. Defendants B, C, and D.
1. Summary of grounds for appeal;
A. Defendant A’s punishment of the lower court (fine 300,000) is too unreasonable.
B. Although Defendants B, C, and D1 did not participate in posting the instant banner, the judgment of the court below which convicted Defendants A of the violation of the Outdoor Advertisements, etc. Control Act on the ground that Defendants were executives of the Korea Public Officials’ Union Gwangju Regional Headquarters S, the court below erred by misapprehending the legal principles. 2) The judgment of the court below on the unfair sentencing (the fine of KRW 300,000) is too unreasonable.
C. Prosecutor 1) In misunderstanding of legal principles, the nominal owner of the banner of this case is the State Public Officials Labor-help-gu Headquarters S, and the content thereof clearly expressed political intent opposing a specific political force. As such, the Defendants’ act of posting the banner of this case constitutes collective action for activities other than official duties prohibited by the Local Public Officials Act. Therefore, the lower court’s judgment that acquitted the Defendants of the facts charged of violating the Local Public Officials Act is erroneous in misapprehending legal principles. 2) The lower court’s sentence against the Defendants on unreasonable sentencing is too unreasonable
A. As to Defendant B, C, and D’s assertion of mistake of facts, no person charged with the violation of the Outdoor Advertisements, etc. Control Act may display or install advertisements on objects prohibited from displaying advertisements, etc. prescribed by Presidential Decree, such as street trees. Nevertheless, around July 24, 2013, A, Defendant B, C, and D posted a banner on the street trees located in the front of Gwangju G on the road located in He/she, and displayed the banner again on the street trees located in the same place around August 20, 2013. Accordingly, A, Defendant B, C, and D installed a banner, which is an object prohibited from displaying advertisements. 2) Joint principal offenders under Article 30 of the relevant legal principles, jointly commits a crime, and are subjective to establish joint principal offenders.