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(영문) 서울북부지방법원 2017.04.20 2017고단47
옥외광고물등관리법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a representative director of the FF, who is engaged in the sale of apartment units or advertising business.

Any person who intends to display or install advertisements, etc. prescribed by Presidential Decree shall obtain permission from or report to the competent authority, and shall not display or install advertisements, etc. in areas, places or objects prescribed by Presidential Decree in order to preserve scenic landscapes and public morals, prevent harm to the general public, and create a healthy and pleasant living environment, as prescribed by Presidential Decree.

Nevertheless, on February 2, 2015, the Defendant installed 35 banners over 35 times in total in the same manner as indicated in the list of crimes in the attached Table from that time, with a size of 4.6m wide and 0.9m long, “H I site sampling Mappppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppp

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Protocol of examination of the witness (A);

1. A written accusation;

1. Advertisement planning and agency contract;

1. The application of Acts and subordinate statutes on investigation reports (Attachment of a list of offenses), accusations, and evidentiary materials;

1. Relevant legal provisions concerning criminal facts, Articles 18(1)3 and 4(1) of the Management of Outdoor Advertising Products, etc. with the option of a punishment, and the choice of imprisonment [in the event of taking account of the date, place, and details of the crime in this case, and in particular the same banner, it is a single comprehensive crime committed by the criminal intent];

1. Article 62(1) of the Act on the Suspension of Execution [Judgment as to acquittal, Defendant’s criminal intent, and abuse of authority to prosecute] where a number of acts falling under the same criminal name continues to be conducted with a single and continuous criminal intent for a certain period, and where the legal interests and interests of the damage are the same, each act should be punished by a single and continuous criminal offense in total, but in multiple crimes, each act should be punished by a single

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