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(영문) 인천지방법원 2015.11.26 2015고정3288

건축법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Any person who intends to construct a temporary building in an urban planning facility shall obtain permission from the competent administrative agency, such as the head of a Si/Gun/Gu.

Nevertheless, on August 1, 2015, the Defendant arbitrarily constructed one container (18 square meters) which is a temporary building in Yeonsu-gu Incheon Metropolitan City, which is an urban planning facility.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A written accusation;

1. Application of statutes on site photographs;

1. Article 110 subparagraph 3 of the Building Act, Articles 110 and 20 (1) of the Building Act, the selection of fines for criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing ground of Article 334(1) of the Criminal Procedure Act on June 1, 2013 regarding containers, etc., which are containers, etc., which are the illegal buildings of the site of this case, had been subject to administrative litigation on or around June 11, 2015, following the final judgment that the order was legitimate and conclusive on or around November 2015, the Defendant was planned to perform administrative vicarious execution. However, even though the Defendant newly constructed the instant container on or around August 1, 2015, taking into account the motive for the instant crime, the means and consequence of the instant crime, the environment, and the circumstances after the instant crime, etc., the punishment is determined as ordered by the order.