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(영문) 서울동부지방법원 2018.11.15 2018노783

도시및주거환경정비법위반

Text

The judgment below

In addition to the matters prescribed in the budget without the resolution of the general meeting, the contract that becomes a member shall be concluded.

Reasons

1. The lower court found the Defendant guilty of refusing to comply with the request for perusal of CM service contracts among the documents and related materials pertaining to the implementation of the rearrangement project among the facts charged in the instant case, and of entering into a contract that imposes a burden on the union members, other than the matters prescribed by the budget without the resolution of the general meeting. The lower court acquitted the Defendant of refusing to peruse the documents and related materials other than the C

Accordingly, the Defendant filed an appeal on the grounds of misunderstanding of facts, misunderstanding of legal principles, and misunderstanding of sentencing with respect to the guilty portion, and misunderstanding of facts and misunderstanding of legal principles with respect to the entire judgment of the lower court.

The judgment of the court below prior to remand partially accepted the grounds for appeal by the defendant against the guilty portion among the judgment below, and found the defendant not guilty of refusing to comply with the request for perusal of the CMF service contract among the documents and related materials regarding the implementation of the rearrangement project among the facts charged in this case. The judgment below reversed the judgment of the court below on the ground that the defendant's mistake of facts about the remainder of the guilty portion, the mistake of legal principles, and the prosecutor's mistake of facts about the acquittal portion, and the misapprehension of legal principles on the non-guilty portion are without merit, and sentenced the defendant to a fine of KRW 50,00 for the conclusion of a contract

Therefore, the Defendant filed an appeal against the conviction portion of the judgment prior to remand, and the Supreme Court rendered a judgment that reversed the judgment prior to remand on the ground that there was an error of law by misunderstanding the legal principles as to the aforementioned conviction portion, which affected the conclusion of the judgment.

2. The scope of trial by this Court is concurrent crimes under the former part of Article 37 of the Criminal Act and falls under Article 38 (1) 2 of the same Act.