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(영문) 수원지방법원 2016.10.27 2016고정2333
옥외광고물등관리법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall display or install advertisements, etc. in utility poles, street lamps, street lamps, street trees, etc. in order to preserve scenic landscapes and aesthetic promise, prevent harm to the public, and create a healthy and pleasant living environment.

Nevertheless, around June 3, 2016, the Defendant installed a banner for publicity of apartment sale on the street trees, etc. over 12 times in total from June 1, 2016 to September 9, 2016, including installation of a banner for publicity of apartment sale, stating "B building C at the price of 10 years high-rise 43 stories" on the front street trees in front of the new apartment located in the region north-dong of the wife population in Chungcheongnam-si.

Summary of Evidence

1. Defendant's legal statement;

1. Each accusation;

1. Each statement;

1. Application of Acts and subordinate statutes on site photographs;

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

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is against each of the crimes of this case, the defendant's recognition of all of the crimes of this case, there is no record of the same punishment, the defendant paid an administrative fine of 9 million won in relation to the banner installed around May 30, 2016, which is prior to the crime of this case, and the defendant appears to have been awarded a contract only for the business of manufacturing and installing the banner from the apartment sales agency, and the defendant is not the subject who actually enjoys the benefit of publicity due to the above banner advertisement, and the sentencing cases of similar cases, etc. shall be determined as per the order.

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