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(영문) 광주지방법원 2018.01.30 2017고정1753
옥외광고물등의관리와옥외광고산업진흥에관한법률위반
Text

The sentence of punishment against the Defendants shall be suspended.

Reasons

Criminal facts

As a local public official, Defendants A is the chairperson of the Gwangju Regional Headquarters of the Korean Public Officials' Union (hereinafter referred to as the "Special Nowon-gu Headquarters"); Defendant E is the major head of the Gwangju Nowon-gu Headquarters; Defendant B is the head of the Special Nowon-gu Headquarters; Defendant J branch of the Special Nowon-gu Headquarters; Defendant C is the K branch of the Special Nowon-gu Headquarters; Defendant F is the head of the Special Nowon-gu Headquarters L branch of the Special Nowon-gu Headquarters; Defendant F is the head of the Special Nowon-gu Headquarters M branch

No person shall display or install advertisements, etc. at government offices, etc. in order to preserve scenic landscapes and aesthetic promise, prevent harm to the public, and create a healthy and pleasant living environment.

1. On December 4, 2016, Defendant D posted a banner on the outer wall of the office building of Gwangju Metropolitan City, Gwangju Metropolitan City.

2. On December 7, 2016, Defendant A posted a banner on the outer wall of the Gwangju Metropolitan City Office building “N”.

3. On December 7, 2016 and December 9, 2016, Defendant C posted a banner on the outer wall of the office building of Gwangju Metropolitan City, Nam-gu, Seoul Metropolitan City.

4. Defendant B posted a banner on the outer wall of the Seo-gu Seoul Metropolitan Government Office building on December 5, 2016, December 6, 12.6, 12.7, and December 8, 2012.

5. On December 8, 2016, Defendant F posted a banner on the outer wall of the office building of Gwangju Metropolitan City, Seoul Metropolitan City.

6. On December 8, 2016, Defendant E posted a banner on the outer wall of the Dong-gu Seoul Metropolitan City Office building “N”.

Accordingly, the Defendants installed an advertisement banner at the government office, which is an object prohibited from displaying advertisements, etc.

Summary of Evidence

1. Defendants’ legal statement

1. Statement made by the prosecution against theO;

1. Statement made by the police on P, Q, R, S, and T;

1. A written statement of U and V;

1. Photographs;

1. An investigation report (CCTV material) (the Defendants’ posting of banners can be seen as part of political expression, and it is a means or method prohibited by the Act on the Management of Outdoor Advertising Materials and the Promotion of Outdoor Advertising Industry.

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