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The judgment below
The part against the defendant shall be reversed.
Defendant shall be punished by a fine of eight million won.
The defendant above.
Reasons
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months, two years of suspended execution, and community service order) of the lower court is too unreasonable.
2. The lower court’s punishment is too unreasonable in light of the following factors: (a) the Defendant was the time to commit the instant crime; (b) the period of the instant crime; (c) the number of posters installed; and (d) the Defendant’s age; (c) character and conduct, environment, means and consequence; and (d) the circumstances after the instant crime.
3. Since the appeal by the defendant is well-grounded, the part against the defendant among the judgment below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.
[Reasons for the judgment to be used again against the defendant] Criminal facts and summary of evidence recognized by the appellate court and the summary of evidence are as stated in each corresponding column of the judgment below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 18 (1) 3 and Article 4 (1) of the Act on the Management of Relevant Acts and Punishments of Criminal Facts, the Management of Outdoor Advertisements, etc., and Promotion of Outdoor Advertisement Industry, Article 24 (1) 2 of the Enforcement Decree of the same Act, Article 30 of the Criminal Act (limited to "2018 Highest 1049"), the selection of fines;
1. Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;
1. Articles 70 (1) and 69 (2) of the Criminal Act concerning confinement in a workhouse;
1. The decision on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is based on the same reasons as indicated in the decision on the allegation of unfair sentencing on the grounds of sentencing.