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(영문) 광주지방법원 2018.08.22 2018노679
옥외광고물등의관리와옥외광고산업진흥에관한법률위반등
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (Defendant A’s fine of KRW 7 million, Defendant B’s fine of KRW 5 million) is too unreasonable.

B. The lower court’s sentence against Defendant A of the Prosecutor is too unhued and unreasonable.

2. Determination that Defendant A, the representative director of Defendant B, committed the instant crime of attaching an apartment publicity banner on the object where the installation of advertising materials is prohibited. As such, the victim suffered bodily injury from blood transfusion out of the brain scam, which is disadvantageous to the Defendants.

However, the defendants are making efforts to recover damage, and deposit KRW 10 million for the victim, and the victim's failure to incur a disability or future medical expenses after the victim is not expected.

In addition, there is no change in the sentencing conditions compared to the court below, and considering all the sentencing conditions specified in the records and arguments of this case, the sentence of the court below is too heavy or it seems unfair because it is too heavy. Thus, the above assertion by the defendants and the prosecutor is without merit.

3. In conclusion, the appeal by the Defendants and the public prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition by the court below (Provided, That the application of the sentence of the court below is obvious that it was omitted, and it is corrected to add it ex officio in accordance with Article 25 of the Regulation on Criminal Procedure, since it is apparent that it was omitted.)

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