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(영문) 광주지방법원 2018.10.26 2018고단2540

건축법위반

Text

Defendant

A shall be punished by imprisonment with prison labor for four months, by a fine of three thousand won,00,000 won.

However, the defendant A.

Reasons

Punishment of the crime

1. A person who intends to build a building shall obtain permission from the Special Self-Governing City Mayor, the Special Self-Governing Province branch, or the head of a Si/Gun/Gu, but the defendant extended a building of approximately KRW 724.08 square meters of the floor area by using steel structures installed to support solar facilities as columns from the third floor of the building B in the Seoul Metropolitan City, a non-permanent residential area of Class 1, which falls under the urban area, on January 2017, and using a steel structure installed to support solar facilities as columns, and making the walls and the roof using a stud panel.

2. Defendant B, a representative of the Defendant, extended the building without obtaining a construction permit as described in the above paragraph 1 in relation to the Defendant’s business at the date and place specified in the above paragraph 1.

Summary of Evidence

1. Defendant A’s legal statement

1. A protocol concerning suspect interrogation of the defendant A by the prosecution;

1. Each police statement made to E and F;

1. The application of Acts and subordinate statutes to report on the current status and photographs of unlawful buildings, general building ledgers, photographs, and investigation of each building;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Articles 108(1) and 11(1) of the Building Act; Articles 108(1) and 11(1)

(b) Defendant B: Articles 112(3), 108(1), and 11(1) of the Building Act

1. Defendant A: Article 62 (1) of the Criminal Act;

1. Defendant B corporation: Article 334(1) of the Criminal Procedure Act;

1. The sentence identical to the disposition shall be imposed in consideration of the unfavorable circumstances in which the scale of a building, the scale of which has extended the reason for sentencing, has not been small and the favorable circumstances in which all the expanded buildings have been removed without obtaining permission; and