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(영문) 대전지방법원 천안지원 2019.08.30 2019고정273

건축법위반

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who operates a general restaurant in Asan City B.

1. Where any person who violates the Building Act due to an extension of a building which has not been reported intends to extend, remodel, or rebuild the building of not more than 85§³ in total floor area, he/she shall file a prior report with the competent authority, as prescribed by Ordinance of

Nevertheless, the Defendant did not report to the competent authority on January 2015, and extended a light 5.1 square meters of floor area on the above land, and extended a pipe structure with a floor area of 13.5 square meters of floor area around July 2015.

2. Any person who intends to construct a temporary building for the purposes prescribed by Presidential Decree, such as disaster recovery, entertainment, exhibition, construction work, etc., due to a non-reported temporary building shall commence construction works after filing a report thereon with the competent authority in accordance with the retention period, standards and procedures prescribed by Presidential Decree;

Nevertheless, on July 2015, the Defendant did not report to the competent authority, and constructed a temporary warehouse, which is a temporary building of a container structure of a size of 9 square meters on the above land.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Application of Acts and subordinate statutes to investigation reports (report on confirmation of relative extension of a public official viewing and viewing);

1. Article 11 Subparag. 1 of the former Building Act (amended by Act No. 14016, Feb. 3, 2016; hereinafter the same shall apply), Article 111 Subparag. 1 of the former Building Act (amended by Act No. 14016, Feb. 3, 201); Articles 111 Subparag. 1 and 20(3) of the former Building Act (amended by Act No. 14016, Feb. 3, 201); the selection

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

1. Articles 70 (1) 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;