주택법위반
The judgment of the court below is reversed.
The sentence of punishment against the Defendants shall be suspended separately.
1. Summary of grounds for appeal;
A. misunderstanding of facts and misunderstanding of legal principles 1) Article 10(2) of the Regulations on Standards, etc. for Housing Construction, which set the criteria for distance between outer walls and roads, was amended on June 29, 2012. As such, the instant case is subject to a judgment of acquittal of the Defendant on the ground that the punishment was abolished due to the repeal of statutes after the crime was committed pursuant to Article 326 subparag. 4 of the Criminal Procedure Act, and thus, a judgment of acquittal of the Defendant should be rendered. 2) In light of the increase of thickness due to the construction of a mountain wall, increase in road width, etc.
B. The lower court’s sentence of unreasonable sentencing (the Defendant’s each fine of KRW 1.5 million) is too heavy.
2. Determination
A. According to the records on the assertion of mistake of facts and misapprehension of legal principles that the judgment of acquittal should be pronounced, Defendant B’s judgment is deemed to be the 101, 102, and 103 Dong (hereinafter “instant apartment”).
(2) Of the outer walls, there was a violation of the duty to comply with the separation distance of at least 2 meters as stipulated in the Housing Construction Standards, etc., between five corners (the finishing part of the side wall without an opening door) and the boundary line of the road. At the time of the Defendants’ violation, Articles 98 subparag. 2 and 22 of the former Housing Act (amended by Act No. 9405, Feb. 3, 2009); Article 100(2) of the Housing Act; Article 10(2) of the former Regulations on the Housing Construction Standards, etc. (amended by Presidential Decree No. 18929, Jun. 30, 2005) (hereinafter “former Enforcement Decree”).
Article 10(2) of the Regulations on Standards, etc. for Housing Construction amended by Presidential Decree No. 23916, Jun. 29, 2012 (hereinafter “amended Enforcement Decree”) is subject to punishment.
The Gu shall keep the distance from the boundary of "road and parking lot to the outer wall of multi-family housing" at least two meters, and take measures necessary for landscaping, such as planting, in the body of the road.