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(영문) 서울중앙지방법원 2018.08.29 2018고단1472

옥외광고물등의관리와옥외광고산업진흥에관한법률위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall display or install advertisements, etc. in areas, places, or objects prescribed by Ordinance of the Ministry of Health and Welfare in order to preserve scenic landscapes and public morals, prevent harm to the public, and create a healthy and pleasant living environment.

Nevertheless, from August 14, 2017 to November 28, 2017, the Defendant without permission attached a poster advertisement, such as the content of “not less than 100 million won in the C apartment market price”, and an apartment sale publicity banner, etc., to the sidewalk in the area of Dongjak-gu Seoul Metropolitan Government, and the electric telegrams, etc., as indicated in the list of crimes attached hereto.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes to accusations and investigation reports (attached to the current status of extraction of illegal advertisements);

1. Management of relevant articles of outdoor advertising, etc. regarding facts constituting an offense, and Articles 18 (1) 3 and 4 (1) of the Act on the Promotion of Outdoor Advertising Industry, and selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant was subject to criminal punishment due to an act violating the Act on the Management of Outdoor Advertising Materials, etc. and the Promotion of Outdoor Advertising Industry, and that the Defendant committed the instant crime again.

However, there are extenuating circumstances, such as the fact that the Defendant seems to be against the Defendant’s recognition of the instant crime, and that it is promising to prevent the recidivism by not attaching an advertisement in the future.

In full view of such circumstances as well as the Defendant’s age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, the sentence identical to the order shall be determined by comprehensively taking into account all the conditions of sentencing as shown in the instant pleadings.