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(영문) 서울중앙지방법원 2015.01.16 2014노4623
도시및주거환경정비법위반등
Text

The judgment below

The guilty part shall be reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall be imposed on the defendant.

Reasons

1. Scope of the judgment of this court;

A. On November 1, 2011, the lower court acquitted the Defendant on the violation of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, each violation of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, and the remainder of defamation around November 201.

The Defendant appealed against the guilty portion on the ground of mistake of facts and misapprehension of legal principles, and the Prosecutor appealed from the acquittal portion on the ground of mistake of facts, on the ground of unfair sentencing, on the ground of erroneous determination of facts.

The trial prior to the remand dismissed all the appeals of the defendant and the prosecutor.

After that, the Supreme Court appealed against the guilty portion of the judgment of the party prior to remanding only the defendant. The Supreme Court reversed the part of the defendant's appeal and remanded it to the trial for the first instance, excluding the acts of changing the management and disposition plan without the resolution of the general meeting and the matters stipulated in the budget, and the violation of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents due to the act of concluding a contract that will impose a burden on the members of the association,

B. The portion of defamation as of November 1, 201, which the lower court acquitted, was separated and finalized by the prosecutor’s failure to file an appeal.

In addition to the acts of changing the management and disposal plan without the resolution of the general meeting and the matters stipulated in the budget, the violation of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents except for each violation of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents due to the act of concluding the contract to be borne by the union members, among the parts convicted by the court below, and defamation was brought to the court of final appeal on or around November 201, but it was judged that the grounds for final appeal

Therefore, the substantial scope of the trial after remand is without going through the resolution of the general meeting.

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