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(영문) 전주지방법원 군산지원 2015.12.04 2015고정149

주차장법위반

Text

The sentence of each sentence shall be suspended against the Defendants.

Reasons

Punishment of the crime

Defendant

B is the owner of 301 among the 5th floor above ground and 301 underground living facilities in Gunsan City, and the defendant C is the owner of 501 above building, and the defendant A is the owner of 101 underground floor below the above building.

Although the owner of a facility or a person responsible for managing an attached parking lot has maintained the original function of the attached parking lot so that users of the relevant facility may not interfere with the use of the attached parking lot, the Defendants did not maintain the original function of the attached parking lot without justifiable grounds by neglecting waste timber, waste furniture, etc., and materials, such as the end-of-life timber and waste furniture attached to the attached parking lot from December 2, 2013 to February 28, 2014.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement concerning F;

1. Violations photographs;

1. An investigation report (a copy of the register);

1. A list of building owners [the defendants and their defense counsel did not store articles, such as waste timber and waste furniture that the defendants failed to use an attached parking lot, and did not receive a corrective order from an administrative agency, and the defendants did not intend to commit the crime of this case. However, as long as the above attached parking lot was the sectional owner of the building of this case and the above attached parking lot did not maintain its original function, the defendants' assertion does not affect the establishment of the crime of this case even if it did not affect the conclusion of the crime of this case.

1. Defendants of relevant legal provisions on criminal facts: Articles 29 (2) 2 and 19-4 (2) of the Parking Lot Act, and the selection of fines

1. Sentence Defendants: Fines of 500,000 won each;

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day);

1. The Defendants’ suspended sentence: (a) the Defendants appears to have been placed in the annexed parking lot from the time when each of the Defendants acquired the ownership of each of the following items; and (b) the fact that all of them were corrected.