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(영문) 대전지방법원 홍성지원 2017.04.20 2016고정170

건축법위반

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

No one shall construct a building with a total floor area of less than 200 square meters and less than three floors in a controlled area, an agricultural and forest area, or a natural environment conservation area under the National Land Planning and Utilization Act without reporting to the competent authority.

Nevertheless, on September 3, 2014, the Defendant constructed a ticket which is a light-scale steel-frame building with a floor area of 12 square meters without reporting to the competent authority on September 3, 2014.

Summary of Evidence

1. Partial statement of the defendant;

1. Part of the protocol concerning the examination of the suspect against the accused in the prosecution;

1. A protocol concerning the examination of suspects of D;

1. Statement made by the police for E;

1. A written accusation;

1. Orders to improve facilities and equipment attached to investigation reports ( telephone communications of accusation officials) and data about the notification of administrative dispositions;

1. The Defendant asserts to the effect that the establishment of a ticket office, which is an essential matter for permission for the business of the amusement facility, is not subject to reporting under the Building Act. The Defendant asserts to the effect that the establishment of a ticket office, which is an essential matter for permission for the business of the amusement facility, is not subject to reporting under the Building Act.

However, according to the evidence of the court below, the defendant newly reconstructed the ticket box by means of installing a roof, etc. without reporting to the competent authority on the ground that the ticket box, which was a primary container building, was worn out, on the ground that the defendant had been a primary container building, and then moved the ticket box, which is a building, to another place in order to avoid the control of the third party in question, constitutes a violation of the Building Act.

Application of Statutes

1. Article 11 of the Building Act applicable to the facts constituting an offense, and Articles 111 subparagraph 1 and 14 (1) of the Act on the Selection of Punishment, and Selection of Fines;

1. Article 70 of the Criminal Act to attract a workhouse.