logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2016.09.09 2016노1466
도시및주거환경정비법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the prosecutor, the court below found that the defendant could have complied with the request for inspection and reproduction of the complainant within 15 days under the Act on the Maintenance of Urban and Residential Environments, but the defendant failed to comply with the above provision due to reasons not attributable to the defendant.

The court below erred by misapprehending the facts and by misapprehending the legal principles, thereby affecting the conclusion of the judgment.

2. The court below's decision is in detail with regard to various facts and circumstances recognized by relevant statutes and evidence of the court below at the 4th parallel to 5th parallel of the judgment, and it is hard to see that "the documents under Article 81 (6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions, which are not yet prepared, are to be uniformly forced to comply with the request within 15 days from the time when the request for inspection, reproduction, etc. is made. In the case of documents under Article 81 (1) of the Act which are not yet prepared, the court below's decision shall be interpreted that the documents will be prepared normally at the time of the request for inspection, reproduction, etc. within 15 days after the request for inspection, reproduction, etc., of the documents under Article 81 (6) of the Act, or that the defendant's request for inspection, reproduction, etc. after the expiration of 15 days from the date when the request for inspection, reproduction, etc. was made within 15 days from the date of receipt of the request from the E Corporation's member.

Even if the facts charged in this case are not a crime, it shall not be deemed that a member or a landowner did not comply with the request for inspection and copying in violation of Article 81 (6) of the above Act, and thus, the facts charged in this case was acquitted on the ground that it constitutes a case that does not constitute a crime.

The judgment below

recording.....

arrow