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(영문) 서울북부지방법원 2018.05.10 2018고정443
옥외광고물등의관리와옥외광고산업진흥에관한법률위반
Text

All sentence imposed on the Defendants shall be suspended.

Reasons

Punishment of the crime

Defendant

A and Defendant F were the auditors of the 20th meeting of occupants in Dongdaemun-gu Seoul Metropolitan Government from May 20, 2015 to May 19, 2017; Defendant B was the 9 Dong representatives of the said occupants; Defendant C was the 13 Dong representatives of the said occupants; Defendant D was the 16 Dong representatives of the said occupants’ representative meeting; Defendant D was the 11 Dong representatives of the said occupants’ representative meeting; and Defendant E was the 11 Dong representatives of the said occupants’ representative meeting.

Anyone who intends to install outdoor advertising materials in an urban area under Article 36 of the National Land Planning and Utilization Act shall obtain permission or report from the competent Gu office, as prescribed by Presidential Decree.

Nevertheless, at around 10:00 on July 21, 2016, the Defendants agreed to install a standing signboard at the entrance of the above apartment without obtaining permission from the competent authority at the representative meeting of occupants held at the meeting of representatives of occupants of the above apartment building, and then, at the entrance of the above apartment.

9.7. Around July 1, Dongdaemun-gu Seoul Metropolitan Government, an advertisement other than the rooftop (4.4m. x 0.5m, 4.4m x 0.3m, 3.5m in total) entered as H apartment in Dongdaemun-gu I.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Statement made by the police to J;

1. Minutes of each resident representative meeting, newsletters of the resident representative meeting, draft report, and contract;

1. The corrective order with respect to the installation of illegal advertisements, the prior notice on the disposition of imposing compulsory performance, and the notice on the disposition of imposing compulsory performance;

1. Application of statutes on site photographs;

1. The Defendants: Article 18(1)1 and Article 3(1) of the Act on the Management of Outdoor Advertising Materials, Etc. and the Promotion of Outdoor Advertising Industry; Article 30 of the Criminal Act, and the choice of fines, respectively;

1. Sentence Defendants: 300,000 won per fine; and

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) (one hundred thousand won per day) of the Criminal Act;

1. The Defendants of suspended sentence: Article 59(1) of the Criminal Act (including the Defendants’ participation in the commission of crimes, and the fact that outdoor advertising materials are removed and the restoration to their original state is deemed to have been made);

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