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(영문) 광주지방법원 2017.02.22 2017고정102 (1)

수도법위반

Text

The sentence against the accused shall be determined by a fine of one million won.

If the defendant does not pay the above fine, 100,000.

Reasons

Punishment of the crime

The Defendant is a person who operates a prefabricated-type panel building in Gwangju Northern-gu B as a religious facility called "C" and uses it as a residence.

A person who intends to newly extend, rebuild, rebuild, alter, or remove a building or other structure within a water source protection area shall obtain permission from the head of the competent Si/Gun/Gu.

1. On October 2013, the Defendant extended the warehouse of 25.305 square meters (2.1m in width and 12.05m in vertical length) on the left side of the above building without obtaining permission at the above place which is a water source protection area.

2. On March 2015, the Defendant extended 20.475 square meters in a warehouse of the instant building (2.1m in width and 9.75m in length) without obtaining permission at the above place on the water source protection area.

Summary of Evidence

1. Statement by the defendant in court;

1. A public official statement in D;

1. Investigation report (verification as to whether designation has been made, such as confirmation of land use plan and zone);

1. Investigation report (Comparison of photographs before and after illegal extension);

1. A water source protection area designation register;

1. Application of Acts and subordinate statutes on the scene of violation;

1. Article 83 Subparag. 1 of the relevant Act and Article 17(4)1 of the former Water Supply and Waterworks Installation Act (Amended by Act No. 12141, Dec. 30, 2013); Article 83 Subparag. 1 of the Water Supply and Waterworks Installation Act; Article 83 Subparag. 1 of the Water Supply and Waterworks Installation Act and Article 17(4)1 of the Water Supply and Waterworks Installation Act (amended by Act No. 12141, Oct. 1, 2013); each of the options of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;