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(영문) 제주지방법원 2015.11.30 2015고정777
옥외광고물등관리법위반
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On March 2015, the Defendant, as the representative of the extreme group, set up a poster for publicity of the dramatic public relations with the contents of “D” and “E” in the neighboring telegrams at the early of March 2015, the Defendant installed 20 advertising posters on the same day as indicated in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. A written accusation;

1. Application of Acts and subordinate statutes to registers of illegal advertisements;

1. Article 18 (1) 3 and Article 4 (1) of the Outdoor Advertisements, etc. Control Act and the selection of fines for criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The legislative intent of the provisions of the Outdoor Advertisements, etc. Control Act that regulate the act of setting up advertising posters, etc. on the areas, places or objects that should not be set up, even considering the various circumstances alleged by the defendant applying Article 334(1) of the Criminal Procedure Act to the provisional payment order

Considering the criminal records of the defendant (the same kind of fine in the 90s) and other sentencing conditions shown in the records, such as the defendant's age, character and conduct, environment, background, means and consequence of the crime, circumstances after the crime, etc., and sentencing cases in the same similar cases, the amount of fine prescribed in the summary order is not recognized to be excessive, and there is no change in circumstances that may be considered in sentencing after the summary order, and thus, it is so decided as per Disposition.

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