(영문) 제주지방법원 2016.09.08 2015노792 | 리걸엔진

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(영문) 제주지방법원 2016.09.08 2015노792

옥외광고물등관리법위반

Text

All judgment of the court below shall be reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall be imposed on the defendant.

Reasons

1. The summary of the grounds for appeal Nos. 1 and 2 of the lower court’s punishment (p. 1 and 2 of the lower court’s judgment: each fine of KRW 1,000,000) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant, the judgment of the first and second court against the defendant was rendered ex officio, and the defendant filed an appeal against them, and this court decided to hold concurrent hearings of the above two appeals cases. Since the first and second court's offenses against the defendant are concurrent offenses under the former part of Article 37 of the Criminal Act and should be sentenced in accordance with Article 38 (1) of the Criminal Act, the first and second court's judgment cannot be maintained as they are.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment of the court below is reversed in its entirety, and it is again decided as follows.

Criminal facts

The summary of the facts charged and evidence against the defendant recognized by the court is identical to each corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 18 (1) 3 and Article 4 (1) of the Act on the Management of Outdoor Advertisements, etc. and Promotion of Outdoor Advertisement Industry (Amended by Act No. 13726, Jan. 6, 2016); Selection of each fine for negligence;

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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the Defendant appears to have committed each of the crimes of this case under favorable circumstances; and (b) the fact that the Defendant has been punished for the same kind of crime, etc. are considered as disadvantageous circumstances; and (c) the Defendant’s age and attitude.

참조조문

-옥외광고물 등 관리법 제4조 제1항

-옥외광고물 등 관리법 제18조 제1항 제3호

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