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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The court below found the Defendant guilty of this part of the facts charged on the premise that various receipts are subject to perusal and reproduction as prescribed by Article 81(1) and (6) of the Act on the Maintenance of Urban and Residential Environments (hereinafter “Act”) although the “all kinds of receipts” as stated in Article 81(2) of the facts charged in the judgment of the court below are not subject to disclosure, perusal and reproduction as prescribed by Article 81(1) and (6) of the Act on the Maintenance of Urban and Residential Environments (hereinafter “Act”).
B. misunderstanding of the legal principles, even if it is included in the subject of perusal or duplication as stated in Paragraph 2 of the crime of this Article, the Defendant refused to provide copies of the above receipts with the counsel’s advice, and thus, the Defendant’s liability is dismissed as it constitutes a mistake in the law with justifiable grounds.
Nevertheless, the judgment of the court below convicting of this part of the facts charged is erroneous in the misapprehension of legal principles as to errors in law, which affected the judgment.
(c)
The punishment sentenced by the court below (the amount of 500,000 won) is too unreasonable.
2. Determination
A. In the lower court’s determination as to the assertion of mistake of facts, the Defendant asserted the same purport as the assertion of mistake of facts among the grounds for appeal.
In full view of the circumstances as indicated in its holding, the lower court rejected the Defendant’s assertion on the following grounds, on the ground that the “all kinds of receipts, etc.” in its holding is “data on the monthly deposit and withdrawal of funds,” and it is a document and related material falling under Article 81(1)8 of the Urban Community Non-Act, and thus, is subject to disclosure and reproduction.
A thorough examination of the judgment of the court below by comparison with the evidence, and the following circumstances acknowledged by the evidence duly adopted and examined by the court below, i.e., deposit and withdrawal of monthly funds as stipulated in Article 81 (1) 8 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions.