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(영문) 창원지방법원 2018.06.21 2018노829
경범죄처벌법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal (misunderstanding of facts and misunderstanding of legal principles)

A. As to the violation of the Punishment of Minor Offenses Act, Defendant 1 served advertisements with consent from the field management manager at the construction site.

B. As to the violation of the Road Traffic Act, the Defendant did not operate the Obane at the time when he was controlled by the police officer.

2. Determination

A. Whether the Punishment of Minor Offenses Act was violated (1) and D reported the instant crime, “The Defendant, without permission, reported that he was attached to the pents of the new apartment construction site in front of E apartment, and did not attach the leaflet after indicating that he was the honorary supervisor of the South Korean office.

Then, the defendant may set up a leaflet at the private land.

I argued and continued to attach a leaflet.

“The fact that the Defendant stated to the effect that the Defendant was “” [the 13th page of the investigation report (the 13th page of the investigation record)], and ② the Defendant attached a leaflet

However, in full view of the fact that the defendant did not disclose his/her identity until the trial of the party, it can be recognized that he/she has attached advertisements to the gate, which is a building of another person, such as the facts stated in the facts charged in the judgment below.

This part of the defendant's assertion is not accepted.

B. Violation of the Road Traffic Act

F = “When the Defendant gets on and off the otoba without using a safety cap, and does not crack down by wearing a safety cap.”

“In full view of the fact that the Defendant stated to the effect that “” (the 14th page of investigation records) and (2) the Defendant operated a two-wheeled automobile without wearing a safety cap at the time and place specified in the facts of the crime in the lower judgment, in full view of the fact that it was recognized that the Defendant was driving a two-wheeled automobile without wearing a human life protective gear at the time and place specified in the lower judgment.

This part of the defendant.

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