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(영문) 전주지방법원 2018.11.09 2018노1003
산업집적활성화및공장설립에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of legal principles) : (a) J and public officials in the city of Kim Jong-si put the Defendant into the business plan a laundry process in the business plan; and (b) when entering into a contract for Kim Jong-si and a contract for occupancy with the type of business “flaunding and related products manufacturing business,” the Defendant said that there is no problem in running laundry business; (c) public officials in the city of Kim Jong-si received the Defendant’s report on laundry business; and (d)

In addition, when the civil petition of the same kind of company was filed, the defendant changed the type of business so that there is no problem in the operation of the factory if the defendant added the "other textile products salt processing business" to the type of business in Kim Jong-si.

Accordingly, the defendant does not violate the Act on Promotion of Industrial Cluster and Establishment of Factories.

Since there was a justifiable reason to believe that he believed and believed it, it constitutes a mistake in law.

2. The purpose of Article 16 of the Criminal Act is that the act of misunderstanding that one's act does not constitute a crime under the law is generally defined as being punishable only when there are justifiable grounds for misunderstanding. However, if one's own act is aware that it does not constitute a crime that is permitted under the law in his/her own special circumstances, it shall not be punishable. Whether there exists justifiable grounds is determined depending on whether the act was not aware of the illegality of one's own act as a result of failing to meet his/her intellectual ability even though there was a possibility of recognizing the illegality of his/her act if he/she had made efforts to avoid this due to his/her own intellectual ability.

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