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(영문) 서울서부지방법원 2017.11.29 2017고정1413

전파법위반

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Any person who intends to manufacture, sell, or import broadcasting and communications equipment, and machinery which obstructs electromagnetic waves, or equipment affected by electromagnetic waves (hereinafter referred to as "broadcasting and communications equipment re-ers, etc.") shall obtain certification of conformity in accordance with the standards for evaluation of conformity with the standards for evaluation of conformity with the human body for electromagnetic waves, registration of conformity in accordance with the standards for evaluation of conformity with technical standards under Article 28 of the Framework Act on Broadcasting Communications Development, technical standards under Article 28 of the Framework Act on Broadcasting Communications Development, or provisional certification in accordance with technical standards or standards prescribed by the Minister of Science in relation to broadcasting and communications equipment, etc., and shall not sell

Nevertheless, on September 5, 2017, the Defendant sold to 140,000 won a disguised camba, a disguised camba, which did not obtain certification of conformity assessment criteria provided for in Article 58(2) of the Radio Waves Act, in front of the Go River Residents' Center, around 15:18, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A criminal investigation report (report on failure to verify the certification of compliance);

1. Investigation report (to attach photographs of sales posted by suspect A);

1. Application of Acts and subordinate statutes on investigation reports (the disguised camera photographs sold by suspect A);

1. Article 84 of the relevant Act and Articles 84 subparagraph 5 and 58-2 (1) of the Radio Waves Act, the selection of fines concerning facts constituting an offense, and the selection of fines;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;