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(영문) 서울서부지방법원 2013.10.10 2013고정160
경범죄처벌법위반
Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

While anyone is not allowed to display advertisements, etc. on another person’s house or other structure without permission, the Defendant put up five copies of the F's age, which puts the F's 2.90,000 square meters onto the wall wall, etc. of the house located in Seodaemun-gu Seoul Metropolitan Government from around 01:0 on May 17, 2012 to 03:30, by using blue tape.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes on witness G's statutory statement;

1. Article 1 subparagraph 13 of the former Punishment of Minor Offenses Act (wholly amended by Act No. 11401, Mar. 21, 2012; hereinafter the same shall apply) that applies to the relevant criminal facts and Article 1 subparagraph 13 of the former Punishment of Minor Offenses Act that select a punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Determination as to the assertion of the defendant and his defense counsel under Article 59(1) of the Criminal Act (the punishment suspended: fine of 100,000 won, and fine of 50,000 won at unpaid time converted into one day, and the defendant has no criminal history)

1. Summary of the assertion

A. Article 1 subparag. 13 of the former Punishment of Minor Offenses Act stating that the applicable law of this case is in violation of the principle of clarity provides that a person who has posted or hanged an advertisement, etc. without permission, or who has used, carried, or adhered to an advertisement, etc., or who has used, carried, or adhered to an advertisement, etc., on the house or other structure of another person or organization, or a person who has recklessly moved, sworn, or damaged another person or organization's signboard or other display or structure. However, in the former part of the above provision, the term "brine" is contrary to the principle of clarity because it does not impose any restrictions on the form of the act of attaching an advertisement, etc. without permission, and therefore, the term "advertising, etc." in the above provision goes against the principle of clarity by prescribing that all the objects can be included

B. To realize the freedom of arts by the defendant.

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