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(영문) 서울동부지방법원 2017.05.11 2016노1696
주차장법위반
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. According to the evidence submitted by the prosecutor, although the court below found the defendants guilty, the court below found them not guilty. The court below erred by misunderstanding the facts, which affected the conclusion of the judgment.

2. Defendant A is the manager of Seongdong-gu Seoul Metropolitan Government D Building (hereinafter “instant building”) with the third floor above the ground, the 19th floor above the ground, the 41,911,17 square meters above the ground, and Defendant B is the person who works as the manager of the instant building.

The building of this case constitutes a facility that creates demand for parking and constructed an attached parking lot, and the attached parking lot shall continue to maintain its original function.

Nevertheless, around August 9, 2014, the Defendants installed 42 out-of-the-spot 42 and 5 in the attached parking lot (14 parking lots) around the above attached parking lot and damaged the original function of the attached parking lot.

3. The lower court acquitted the Defendants on the ground that Defendant B is not a person in charge of the management of the attached parking lot under the Parking Lot Act, and it is difficult to deem that the attached parking lot in this case was unable to maintain its original function.

4. The grounds for appeal by the prosecutor on the judgment of the competent party are 14 parts that fall short of the standards for width and length of parking-unit parking lots under Article 6(1) of the Parking Lot Act and Article 3(1) of the Enforcement Rule of the same Act, and parts that fall short of the standards for vehicular width under Article 11(5)1 of the Enforcement Rule, which are part of the parking lot in violation of Article 19-4(2) of the Parking Lot Act, which fall under the act that damages the original function of the attached parking lot, and this is subject to Article 29(2)2 of the Parking Lot Act.

Article 19(1) of the Parking Lot Act provides for the installation standards for attached parking lots, and Article 19(3) provides for the installation standards for attached parking lots, and Articles 19(1) and 19(2) provide.

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