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(영문) 창원지방법원 거창지원 2017.04.21 2016고정81

건축법위반

Text

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

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

Reasons

Punishment of the crime

Any person who intends to build or extend a building shall construct the building after filing a prior report with the competent authority.

1. On July 2014, the Defendant: (a) around July 2014, around 2014, installed a container without reporting to the competent authority; and (b) newly built a prefabricated-gun roof of a prefabricated-type board with a roof of 13.3 square meters in an agricultural warehouse.

2. On June 2015, around June 2015, the Defendant: (a) installed a light-weight steel-frame assembly type board in an agricultural warehouse without reporting to the competent authority; and (b) extended the 9.5 square meters of a non-afforest prevention facility in a non-afforest, at the same place as the foregoing paragraph (1) at the same time; and (c) without reporting to the competent authority.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. A written accusation;

1. Details of building status, photographs, and application of the statutes on the register of forests and fields;

1. Relevant legal provisions concerning facts constituting an offense, Article 111 Subparag. 1 of the former Building Act (Amended by Act No. 14016, Feb. 3, 2016; hereinafter the same shall apply), and Article 114 Subparag. 5 (new construction around July 2014) 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, and Article 14 Subparag. 1 of the former Building Act (amended by Act No. 1401, Jun

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;

1. As to the defendant's assertion on the part of Article 186 (1) of the Criminal Procedure Act, the defendant's assertion that the punishment of only the defendant is not imposed on other buildings constructed without reporting in the rural area among the defendant's assertion on the part of the defendant's assertion that the punishment of only the defendant is against equity. The so-called "illegal equality," which is not subject to protection such as the principle of equality as stipulated in the Constitution, but it is not justified for the defendant's new construction and extension of the building of this case on its ground. Thus, this part of the defendant