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(영문) 서울동부지방법원 2017.01.20 2016노1863
옥외광고물등관리법위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. The sentence imposed by the lower court (eight months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant, the defendant was sentenced to a suspended sentence of four months on November 3, 2016 on the grounds of the violation of the Management of Outdoor Advertising Materials, etc. at the Sungnam branch support of the Suwon branch of Suwon branch of Suwon branch of the court below, and the defendant appealed from the suspended sentence of four months. On January 9, 2017, which was after the decision of the court below was rendered, it can be recognized that the above judgment became final and conclusive by withdrawing the above appeal on January 9, 2017. As such, the crime of violation of the Management of Outdoor Advertising Materials, etc., other than rooftop which the judgment became final and conclusive and the crime of violation of the Management of Outdoor Advertising Materials, etc. of this case constitutes concurrent crimes

3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without having to determine whether the defendant's improper assertion of sentencing is justifiable. The judgment below is reversed, and the following is again decided after pleading.

[Re-written judgment] The criminal facts recognized by the court and the summary of the evidence are all criminal facts and the summary of the evidence. "The defendant was sentenced to a suspension of execution for four months on November 3, 2016 to a crime of violation of the Management of Outdoor Advertising Materials, etc. in the Support of Suwon Friwon, Giwon, Giwon, Giwon, Giwon Giwon, and the judgment became final and conclusive on January 9, 2017.

In addition, “1. Before the judgment,” and the summary of the evidence added “1. Before the judgment,” the case is identical to each corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 18 (1) 3 and Article 4 (1) of the Management Act (amended by Act No. 13726, Jan. 6, 2016) applicable to the facts constituting an offense, and each of the Gu outdoor advertising materials, etc. selected as punishment, respectively;

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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