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(영문) 춘천지방법원 2013.08.29 2013고정253

도시및주거환경정비법위반

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged in the instant case is the Defendant, from April 26, 2012 to a person who works as the chairperson of the Promotion Committee for Establishment of the Association of Korea and Japan, Japan.

The chairperson of the promotion committee or the project implementer shall make public the documents and related data concerning the implementation of the improvement project in parallel with the Internet and other methods so that the members of the promotion committee, the land owners, or the tenants can know them within 15 days after the documents and data are prepared or changed.

On April 26, 2012, the Defendant, at the office of the Promotion Committee for the Establishment of DDR located in Chuncheon-si, and at the meeting of the Promotion Committee, the Defendant did not disclose the minutes within 15 days and made it public on the Internet on May 22, 2012, when at least 15 days have passed since the minutes were prepared.

B. On October 18, 2012, the Defendant, at the same place as the preceding paragraph, held a meeting of the promotion committee, and prepared the minutes, but did not disclose them within 15 days, and at least 15 days passed since it was disclosed on the Internet on November 9, 2012.

C. The Defendant, at around July 21, 2012, did not disclose the minutes to the public on the Internet, even though he/she performed a general meeting of residents as an agenda for the establishment of the said promotion committee, as a matter of the establishment of the said promotion committee.

The defendant from April 2012 to the same year

9. By the end, the above A.

In the same place as the paragraph, the detailed statement of monthly funds for the implementation of the improvement project was prepared, but it was not disclosed to the public on the Internet.

2. Determination

A. The interpretation of penal provisions must be strict, and the interpretation of the meaning of the express provision to the disadvantage of the defendant is not permitted as it is against the principle of no crime without the law. This principle of statutory interpretation also applies to the case where the contents of the administrative law are stipulated in the provisions of the administrative law that are subject to the penal provisions.