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(영문) 의정부지방법원 2014.06.12 2014고정334
옥외광고물등관리법위반등
Text

Defendant shall be punished by a fine of three million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

No one shall display or install advertisements, etc. in general residential areas, green areas, roadside trees, etc. and open outdoor advertisements which are media materials harmful to juveniles to the public at places where the public pass.

Nevertheless, on December 2010, the Defendant, on the street, etc. located on the front side of a restaurant in Jongno-gu Seoul, Jongno-gu, Seoul, posted a phone-rating outdoor advertisement with the contents of "Mannam D" on the street, etc. in front of the restaurant, and simultaneously attached the media materials harmful to juveniles to the public at a public place where they pass through, until March 2013, as shown in the attached list of crimes until March 2013.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. Each accusation;

1. Evidence photographs, evidentiary materials attached to the leaflet, field photographs, and control photographs related to the accusation;

1. Application of investigation confirmation (verification of media materials harmful to juveniles and addition of applicable provisions of Acts and subordinate statutes);

1. Article 18 (1) 2 and Article 4 (1) of the former Outdoor Advertisements, etc. Control Act (Amended by Act No. 10466, Mar. 29, 201) concerning criminal facts; Articles 18 (1) 3 and 4 (1) of the Outdoor Advertisements, etc. Control Act (including violation of displaying advertisements); Articles 51 subparagraph 6 and 20 (1) 2 of the former Juvenile Protection Act (Amended by Act No. 11673, Mar. 22, 2013);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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