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(영문) 전주지방법원 2019.07.23 2019고정82
옥외광고물등의관리와옥외광고산업진흥에관한법률위반
Text

Defendant

A shall be punished by a fine of KRW 500,000, KRW 1,000, KRW 1,000, and KRW 1,000, KRW 300, respectively.

Reasons

Punishment of the crime

Defendants are residents of the Jeju-do D Village, who opposed to the F's Buddhist Construction of Incorporated Foundation in the vicinity of the Governor-Gun of Jeollabuk-do, Jeollabuk-do, and have formed a Countermeasure Committee.

No person shall display or install any advertisement, etc. in areas, places, or objects prescribed by Presidential Decree in order to preserve scenic landscapes and public morals, prevent harm to the public, and create a healthy and pleasant living environment.

1. At around 15:00 on February 3, 2018, Defendants A, B, and C posted a banner with the content of “I” on the electric utility poles located in J and electric utility poles located in J, one banner with the content of “K” on the electric utility poles located in J, and four banner with the content of “M” on the wall located in L.

As a result, the Defendants installed advertisements on electric poles or fences, which are objects prohibited from displaying advertisements, etc.

2. On April 3, 2018, Defendant B and Defendant C posted a banner with the content of “N” on the P on the O, a banner with the content of “B”, and a banner with the content of “R” on the electric telegram in J, and a banner with the content of “R” on the electric telegram in J.

As a result, Defendants installed advertisements, etc. on utility poles, fences, and bridges which are prohibited from marking advertisements, etc.

Summary of Evidence

1. Defendants’ respective legal statements

1. Photographs of complaint heads and placards;

1. Statement (S);

1. Investigation report (written review, etc. of the legal principles as to the existence of suspicion);

1. Submission of reference materials;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to a land register, cadastral map, and land use plan);

1. The Defendants: Articles 18 (1) 3 and 4 (1) of the Act on the Management of Outdoor Advertisements, etc. and Promotion of Outdoor Advertisement Industry, and the selection of fines for the crimes;

1. Defendants B and C among concurrent crimes: each of them.

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