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(영문) 부산지방법원 2018.08.23 2018노1728
도시및주거환경정비법위반
Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the penalty amounting to 500,000 won) is too unreasonable.

2. The instant crime is that the Defendant did not disclose 4 documents and documents related to the implementation of the rearrangement project, which is the head of the C-Housing Reconstruction Project Association, as the head of the C-Housing Reconstruction Project Association, on the Internet within 15 days. The Housing Redevelopment Project was implemented for a long time and directly affects the majority of the members who have various interests. In the process of implementing a series of procedures under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, it is very important to make the process to make the members of the association make reasonable decisions in formulating the implementation plan and the management and disposal plan.

However, the defendant recognized the crime of this case for the first time, and disclosed the relevant official document on the Internet after about one year from the date of the crime of this case, and it is difficult to view that the crime of this case was more serious than the deprivation of the defendant's qualification as the president of the association.

In addition, if the defendant comprehensively considered various sentencing conditions, such as the circumstances leading to the instant case, the punishment sentenced by the court below is unreasonable.

3. As a result, the appeal by the defendant is with merit, and the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

In other words, the criminal facts and the summary of evidence against the defendant recognized by the court are identical to each corresponding column of the court below's judgment. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions and the former Act on the Maintenance of Urban and Residential Environments (amended by Act No. 14567, Feb. 8, 2017) regarding criminal facts.

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