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(영문) 전주지방법원 2019.10.30 2019노1082
옥외광고물등의관리와옥외광고산업진흥에관한법률위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendants were posted a banner in accordance with the resolution of the village council, and did not know that the Defendants’ act was in violation of the law.

B. The lower court’s sentence of unreasonable sentencing (Defendant A: a fine of KRW 500,00,000,000,000,000,000,000,000) is too unreasonable.

2. Determination

A. 1) Determination of the assertion of mistake of facts is not merely a legal site, but a mere fact that “the act of the misunderstanding that one’s own act does not constitute a crime under the Acts and subordinate statutes” under Article 16 of the Criminal Act means that it does not mean that “the act of the misunderstanding that one’s act does not constitute a crime under the Acts and subordinate statutes shall not be punishable only when there are justifiable grounds for the misunderstanding.” In general, although it constitutes a crime, it is recognized that it does not constitute an act permitted by the Acts and subordinate statutes in its special circumstances, and that it does not be punishable if there are justifiable grounds for the misunderstanding of the misunderstanding of the misunderstanding of facts (see, e.g., Supreme Court Decision 9Do5026, Jun. 29, 2001). Even though the misunderstanding that the misunderstanding of the misunderstanding of the misunderstanding of facts does not constitute an act permitted by the Acts and subordinate statutes, it does not constitute an act of installing advertisements, etc., and even if there are no justifiable grounds for the misunderstanding of laws.

Therefore, the defendants' assertion of mistake is without merit.

B. The first sentence judgment on the assertion of unfair sentencing is based on the statutory penalty, based on the fact that the sentencing conditions under Article 51 of the Criminal Act are determined within a reasonable and reasonable scope, taking into account the two factors, and in addition, in light of the ex post facto nature of the appellate court, compared with the first instance court.

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