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(영문) 인천지방법원 2017.12.01 2017노3238
도시및주거환경정비법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of legal principles) is that the instant service contract, in principle, undergo prior determination at the general meeting of the association pursuant to Article 24(3) and Article 85 subparag. 5 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions, etc., and considering the circumstances such as the amount of the instant service contract is high and the amount of the previous contract is increased by not less than three times compared with the previous contract amount, the instant service contract should undergo prior resolution at the general meeting of the association, but on the ground that there was ex post ratification at the general meeting of the association, the instant service contract was subject to resolution pursuant to Article 24(3) of the Act on the Maintenance and Residential Environments and Dwelling Conditions

In light of the above legal principles, the lower court acquitted the charged facts of this case, thereby adversely affecting the conclusion of the judgment.

2. The prosecutor’s assertion of the judgment became a key issue in the lower court, and the lower court acquitted the Defendant of the instant facts charged while explaining the grounds for the judgment in detail.

Examining the evidence duly adopted and examined by the court below in light of the record, there is no reasonable ground to deem that maintaining the judgment of the court below is considerably unfair.

Therefore, the prosecutor's above assertion is without merit.

3. Accordingly, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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