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(영문) 울산지방법원 2017.12.14 2017고정868

건축법위반

Text

Defendant

A A shall be punished by a fine of two million won, and Defendant B shall be punished by a fine of one million won.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Part of the facts charged was revised to the extent that it does not harm the defendant's right of defense.

A person who intends to change the use of a building approved for use to a superior facility shall obtain permission from the Special Self-Governing City Mayor, a Special Self-Governing Province branch office, or the head of a Si/Gun/Gu.

1. Defendant A

A. On December 2, 2016, from around February 28, 2017 to around February 28, 2017, the Defendant installed a dance hall with the trade name “E” in which both men and women have danced without obtaining permission from the competent authorities, and changed the use of the building, which is an amusement facility.

B. On February 28, 2017, the Defendant: (a) installed a dance hall on the fifth fifth floor of Ulsan-gu D, Ulsan-gu, which was approved for use as a sale facility; and (b) changed the purpose of use of the building by engaging in the call text business, which is an amusement facility, in the trade name “F,” after both men and women installed a dance, without obtaining permission from the competent authorities.

2. On October 9, 2016, from around February 28, 2017, the Defendant installed a dance hall on the 3rd floor of Ulsan-gu G, Ulsan-gu, which was approved to be used as a neighborhood living facility, with the trade name “H” and changed the use of the building, which is an amusement facility.

Summary of Evidence

1. Defendant B’s legal statement (as at the second public trial date);

1. The defendant A's partial statement

1. A protocol concerning the examination of partial police officers against the defendant A;

1. Statement made to I by the police;

1. A written accusation;

1. The F (5 floors), E (1st underground floor), and H building ledger;

1. Application of Acts and subordinate statutes governing call text pictures;

1. The Defendants: Articles 108 (1) and 19 (2) 1 of the Building Act (excluding punishment) concerning criminal facts;

1. Defendant A who aggravated concurrent crimes: the former part of Article 37 and Article 38 of the Criminal Act.