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The defendant is innocent.
Reasons
A person who intends to display or install advertisements, etc. prescribed by Presidential Decree among the advertisements in an urban area under the National Land Planning and Utilization Act in the factory room shall obtain permission from the Governor of a Special Self-Governing Province or the head of a Si/Gun/autonomous Gu
Nevertheless, at around 21:30 on May 8, 2013, the Defendant installed 3 meters high and 1.5 meters high on the front side of Jongno-gu Seoul, Jongno-gu, Seoul and 1.5 meters high.
Maz.
1. Article 18 (1) 1 of the Outdoor Advertisements, etc. Control Act, which are applicable provisions of Acts in the indictment, provides that "a person who displays or installs an advertisement, etc. (excluding a standing signboard, placard, poster and leaflet) without permission under Article 3 shall be punished by imprisonment for not more than one year or by a fine not exceeding ten million won";
However, there is no definition provision for standing signboards even after searching the Outdoor Advertisements, etc. Control Act and the Enforcement Decree of the same Act.
2. We examine the “Eat” set up by the Defendant without obtaining permission in the instant case.
A. First, “Emart” is a so-called administrative term, and is recommended by the Ministry of Culture, Sports and Tourism to purify it by means of columns, wind-line standing signboards, wind-line standing signboards, wind-line standing signboards, etc.
[Notice of the Ministry of Culture, Sports and Tourism homepageed on February 28, 2013 (see easily used and easily understood professional administrative terms)] b.
In addition, according to the Standard Korean Language Ambassador of the National Institute of Korean Language, “protruding signboards” means signboards that are expected to be put on the wall or that are set up on the path, and “protruding signboards” means signs that put up or put up well in the snow of people by using name or sales goods, type of business, and line of business at the end of the institution, store, and place of business.
C. The instant “Ear” has a sign placed in the name of the Defendant’s place of business, “D,” and is interpreted as “protruding signboards.”