건축법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal is unreasonable as the penalty imposed by the lower court (three million won of a fine) is excessively unreasonable.
2. The judgment of the court below is the confession and reflects all the facts charged, and there is no punishment power prior to the use of the building of this case as a warehouse for non-residential purposes. The defendant appears not to have been the owner of the building of this case, but to have been the purchaser of the extended building of this case, and the defendant was not the owner of the building of this case, and it appears that the defendant would have suffered considerable economic loss since he did not properly repair the defects of the purchased building. In full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and circumstances before and after the crime, the punishment imposed by the court below
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
【Reasons for the Judgment of the Court which has been written] The summary of facts constituting a crime and evidence recognized by the court is identical to the entries in each corresponding column of the judgment below. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 108(1) and Article 111(1) of the former Building Act (amended by Act No. 9770, Jun. 9, 2009 and enforced July 1, 2010) (amended by Act No. 9770, Jul. 1, 2010); Article 111 subparag. 1 and Article 20(2) of the same Act (amended by Act No. 111 subparag. 1 and 20(2) (the occupation of constructing non-reported temporary buildings)
1. The former part of Article 37, and Articles 38 (1) 2 and 50 (within the scope of added-up of amounts) of the Criminal Act among concurrent crimes;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;