(영문) 부산지방법원 2018.10.11 2018노1308 | 리걸엔진

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(영문) 부산지방법원 2018.10.11 2018노1308

도시및주거환경정비법위반

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

Reasons

1. The lower court’s sentence (1,500,000 won) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.

The prosecutor shall go through the resolution of the general meeting of the public in Article 3 of the facts charged in the instant case.

Nevertheless, on January 2016, the Defendant used the total amount of 16,238,321,791 won as stated in the expenditure statement of the 2016,238,321,791 as well as the total amount of 198,00,000 won including the total of 1,09,063,673 won for the removal of asbestos without the resolution of the general meeting.

“A request for amendments to Bill of Indictment was made for the revision of the attached Table 2016, and the disbursement details of the maintenance project cost was added, and this Court permitted this.

In this respect, the judgment of the court below cannot be maintained as it is.

3. In conclusion, the judgment of the court below is reversed ex officio, and the remaining crimes are concurrent crimes under the former part of Article 37 of the Criminal Act, and one sentence should be imposed. Thus, without examining the defendant's unfair argument of sentencing, the judgment of the court below is reversed in its entirety and it is again decided as follows through pleading under Article 364 (2) of the Criminal Procedure Act.

[Re-written judgment] Criminal facts acknowledged by this court are identical to the corresponding column of the judgment of the court below, except for the alteration of Article 3 of the "criminal facts" of the judgment below as follows. Thus, it is accepted as it is in accordance with Article 369 of the Criminal Procedure Act.

【Revised Facts】

3. Use of the project cost for rearrangement in violation of the law of urban and residential environment due to use of the project cost without a resolution of the general meeting shall undergo a resolution of the general meeting

Nevertheless, the Defendant does not undergo a resolution of the general meeting on January 2016.

유사 판례

-청주지방법원 2018.04.11 2017고정618

-인천지방법원 2017.07.14 2017고정36

-인천지방법원 2017.06.16 2017고정722

-서울동부지방법원 2016.02.16 2015고정1595

-청주지방법원 2018.10.04 2018노395