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(영문) 수원지방법원성남지원 2020.10.27 2020고정612

건축법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. A person who intends to build a temporary building without filing a report shall file a report thereon with the competent authority in accordance with the retention period, standards and procedures for establishment prescribed by Presidential Decree;

On June 30, 2017, the Defendant installed a container with a size of 12 square meters without reporting to the competent authority in Gwangju-si B and C.

B. On June 30, 2019, the Defendant installed a container with a size of 18 square meters without reporting to the competent authority at the place of Paragraph 1. A of the aforesaid Article.

2. A person who intends to construct or repair a building without permission shall obtain permission from the competent authorities;

On June 30, 2018, the Defendant installed a sand position panel structure with a size of 10.8 square meters at the place of paragraph (a) of the above Article 1 without obtaining permission from the competent authority.

B. Around January 1, 2020, the Defendant, without obtaining permission from the competent authority, installed a steel structure with a size of 78.4 square meters at the place of the foregoing paragraph 1.a.

C. On January 1, 2020, the Defendant, without obtaining permission from the competent authority, installed a steel structure with a size of 30 square meters at the place of the foregoing paragraph 1.a.

Summary of Evidence

1. The defendant's statutory statement, accusation, on-site photograph, advance notice of violations correction order, order of suspension of work, application of Acts and subordinate statutes to investigation report;

1. Relevant legal provisions and Articles 111 subparagraph 1, 20 (3) of the Building Act (the occupation of a temporary building without reporting), subparagraph 1 of Article 110 of the Building Act, and Article 111 (1) of the Building Act (the occupation of a building without reporting), the selection of a fine for criminal facts;

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;