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(영문) 대법원 2017.5.31.선고 2017도50 판결

가.건조물침입·나.옥외광고물등관리법위반교사·다.경범죄처벌법위반·라.경범죄처벌법위반교사·마.경범죄처벌법위반방조·바.옥외광고물등관리법위반

Cases

2017Do50 (a) Access to a structure;

(b) Teachers in violation of the Outdoor Advertisements, etc. Control Act;

C. Violation of the Punishment of Minor Offenses Act

(d) Teachers in violation of the Punishment of Minor Offenses Act;

(e) Assistance in violation of the Punishment of Minor Offenses Act;

(f) Violation of the Outdoor Advertisements, etc. Control Act;

Defendant

1. (a) b. c. d. e.

A

2.(c).

B

Appellant

Defendants

Defense Counsel

C Law Firm (For the Defendants)

Attorney G, E, D, F

Judgment of the lower court

Seoul Central District Court Decision 2016 - 3355 Decided December 16, 2016

Imposition of Judgment

May 31, 2017

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

In light of the relevant legal principles and evidence, the lower judgment convicting all of the facts charged of the instant case, contrary to what is alleged in the grounds of appeal, did not err in the misapprehension of the legal doctrine on the outdoor advertisements, etc. Control Act (amended by Act No. 13726, Jan. 6, 2016; Act No. 13726, Jan. 6, 2016; Act No. 13720, Jan. 6, 2016; Act on the Management of Outdoor Advertisements, etc. and Promotion of Outdoor Advertisement Industry) and the Punishment of Minor Offenses Act, by misapprehending the legal doctrine on the freedom of political expression and art and the exclusion of illegality, or by omitting the determination that did not violate the legal doctrine on the clarity, supplementary principle, and social rules in the principle of legality

Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Park Jae-young

Justices Lee Ki-taik

Justices Kim Yong-deok

Chief Justice Kim Shin-chul

Justices Kim Gin-young