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(영문) 서울남부지방법원 2017.11.10 2016노2185
주차장법위반
Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is unreasonable in light of the following: (a) a criminal charge was filed even though the competent authority fulfilled a corrective order to reinstate the original state; (b) a subsequent criminal charge was caused by the revocation of the accusation; and (c) an unjust charge was imposed by the lower court (one million won).

2. It is questionable whether the act of using the attached parking lot prior to reinstatement for any purpose other than the parking lot constitutes a violation of the Parking Lot Act even if the pertinent authority faithfully implemented the reinstatement in accordance with the corrective order of the competent authority, as alleged by the Defendant.

However, the defendant promptly restored to the original state in accordance with the corrective order, and the competent authority filed a complaint on the grounds that the defendant did not faithfully restore the original state to the original state, and thereafter filed a complaint to revoke the defendant's further restoration to the original state in compliance with the direction of the competent authority; the prosecutor deemed the defendant to have been reinstated at the time of the first restoration to the original state; the defendant deemed the previous period to have been completed at the time of the first restoration to the original state; the lessee was charged with the crime of this case by using the parking lot site as part of the store when the tenant conducts internal testing; the defendant was the first offender who has no criminal record; the defendant was the first offender

In light of the above various circumstances, considering the fact that the defendant's light of the legal order and the possibility of re-offending seems to be very low, the sentence imposed by the court below is too unreasonable because the sentence imposed by the defendant is too unreasonable. Thus, the defendant's argument about the sentencing is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.

[Judgment which has been used again] The summary of facts constituting an offense and evidence is recognized by the court.

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