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(영문) 창원지방법원 2018.07.20 2018고단1367
경범죄처벌법위반
Text

Defendant shall be punished by a fine of 60,000 won.

If the defendant fails to pay the above fine, 30,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant, from April 27, 2018 to 19:10 on April 27, 2018, to April 27, 2018, the Defendant’s temporary violation of the written request for a trial is apparent that it is a clerical error due to an error. As such,

The reason why the advance voting system is denied in the apartment parking lot B of the Kim Sea-si, Kim Jong-si, and the reason why the tenant parked in the underground parking lot in the parking lot.

Summary of Evidence

1. Partial statement of the defendant;

1. 112 Application of the Act and subordinate statutes to the 112 Report Processing List and Investigation Report (in the case of refusal to affix a seal to the suspected A)

1. Relevant provisions of the Act on the Punishment of Minor Offenses and Article 3 (1) 9 of the Punishment of Minor Offenses Act (comprehensively, selection of fines) concerning the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The gist of the assertion is that the document aground in front of the vehicle parked by the Defendant is not an advertisement pointing out the problems of the past presidential election, but merely aground, not an advertisement. In light of the freedom of expression and the right to know, which are fundamental rights guaranteed by the Constitution, the Defendant’s without permission was attached thereto.

There is no illegality or illegality.

2. Determination

A. First of all, “advertisements, etc.” under Article 3(1)9 of the Punishment of Minor Offenses Act is not limited to the typical advertisements conducted solely for commercial purposes, and it refers to the signboards, placards, posters, leaflets, posters, posters, posters, etc. which are attached to make a wide publicity of the subject matter, or the replacements and similars thereof (see, e.g., Constitutional Court Order 2013Hun-Ba385, May 28, 2015). Thus, this part of the allegation is without merit, since the former part of the instant case distributed by the Defendant for the purpose of widely informing the problems of the past presidential election.

(b)Paragraph 1(9) of Article 3 of the Punishment of Minor Offenses Act is followed:

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