주택법위반
The accused shall disclose the summary of the judgment of innocence.
1. On September 8, 201, the summary of the facts charged, the Defendant violated each of the above orders by failing to restore the part of unauthorized extension to the original market, which was received respectively from the Defendant’s residence on September 8, 201 (the order of correction, such as restoration to the original market, Oct. 8, 201), the second order of Oct. 25 of the same year (the demand to take corrective measures, Nov. 8, 201), and the third order of Dec. 5 of the same year (pre-announcement of administrative measures, Dec. 31 of the same year), which was received respectively from the Defendant’s residence on December 31 of the same year.
2. The principle of no punishment without law requires that a crime and a punishment shall be prescribed by law in order to protect an individual’s freedom and rights from the arbitrary exercise of the state’s penal authority, and the principle of no analogical interpretation derived therefrom is prohibited from analogical interpretation with a meaning different from the original meaning expressed in a sexual provision against the defendant on the premise that the provision of a sex provision should be strictly interpreted.
(see, e.g., Supreme Court Decision 92Do1428, Oct. 13, 1992). A prosecutor who returned to the instant case and charged the Defendant with a violation of Article 98 subparag. 12 and Article 91 of the Housing Act.
Article 98 subparag. 12 of the Housing Act provides that "a person falling under any of the following subparagraphs shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding ten million won." Article 91 of the Housing Act provides that "the Minister of Land, Transport and Maritime Affairs or the head of a local government may order the suspension of construction, restoration to the original state or other necessary measures where an occupant, user, management body, council of occupants' representatives or remodelling association of multi-family housing violates this Act or any order or disposition under this Act:
In other words, in order to punish "violation of an order for reinstatement" under Article 98 (12) of the Housing Act as "violation of an order for reinstatement", it is natural that a legitimate order should be issued under the premise.
Supreme Court Decision 200