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(영문) 수원지방법원 2016.01.13 2015고단3850
경범죄처벌법위반
Text

The defendant shall disclose the summary of the judgment of innocence.

Reasons

Punishment of the crime

On May 22, 2015 and on two occasions around the same month, the Defendant posted a notice on the bulletin board and underground bulletin board in Suwon-gu, Suwon-si, Seoul Apartment Complex C, with approval from the management authority, but without obtaining such approval.

Article 3(1)9 of the Punishment of Minor Offenses Act (amended by the Presidential Decree No. 2010, Jan. 9, 2006) provides that “The act of putting, putting, or putting advertising materials, etc. on another person or organization’s house, other artificial structures, automobiles, etc., or writing, writing, or painting them without permission.”

Meanwhile, Article 1 of the Punishment of Minor Offenses Act provides that "the purpose of this Act is to protect the freedom and rights of the people and to contribute to the maintenance of public order in society." Article 2 of the Punishment of Minor Offenses Act provides that "The purpose of this Act is to protect the freedom and rights of the people and to contribute to the maintenance of public order," and Article 2 of the same Act provides that "in the application of this Act, it shall pay careful attention to the application

Judgment

A. Article 57 (4) of the Enforcement Decree of the Housing Act provides that "where occupants, etc. attach advertisements, signs, or marks to multi-family housing, they must obtain consent from the management entity." According to evidence duly adopted and investigated by the court, the fact that the defendant attached the instant advertisements to the bulletin board, etc. inside the elevator without obtaining the consent of the management managing director of the apartment of this case, according to the evidence duly adopted and investigated by the court.

B. However, in light of the following circumstances acknowledged by the record, it is insufficient to view the aforementioned acts by the Defendant solely on the basis of the facts acknowledged earlier as constituting “an act of attaching advertisements, etc. at random to another person or organization’s house, etc.” under Article 3(1)9 of the Punishment of Minor Offenses Act, and there is no other evidence to acknowledge it.

(1) The Defendant is an apartment of this case.

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