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(영문) 창원지방법원 2018.07.20 2018고단1366
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

On May 6, 2018, around 22:30 on May 6, 2018, the Defendant stated only “advertising” in the front section in the Seongbuk-gu Seoul apartment C-dong apartment building site, but in light of the control manual, etc., it is apparent that it is a clerical error in the “former land” and thus, it is corrected ex officio as above.

A. The attachment was made without permission.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes concerning enforcement manual (including attached photographs);

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. Next, Article 3 (1) 9 of the Punishment of Minor Offenses Act provides that "any other person's motor vehicle, etc. shall be a motor vehicle, etc. without permission, such as advertisements."

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