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(영문) 대전지방법원 공주지원 2019.02.01 2018고정90

건축법위반

Text

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

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

Reasons

Punishment of the crime

The defendant is a person who conducts landscaping business in B at the time of meritorious week.

In cases of a building with a total floor area of less than 200 square meters and less than three floors in an agricultural and forest area, it shall be reported to the head of the Si/Gun/Gu in advance, and a person who intends to build a temporary building for the purpose prescribed by Presidential Decree (a container or a temporary building with a container similar thereto and used as a temporary office, a temporary warehouse or a temporary accommodation) shall commence construction after filing

1. Around April 2017, the Defendant constructed a greenhouse (93.6 square meters) and an attached warehouse (15 square meters) on B in the official city, Si, Si, Si, Do, and Dong, without filing a prior report on building construction.

2. Around May 2018, the Defendant, at the same place as Paragraph 1, built a studio facility ( nine square meters) without filing a construction report on a temporary building to be newly changed before installing a studio facility ( nine square meters) in a container building reported on the existing temporary building at the same place as Paragraph 1.

3. Around September 2018, the Defendant, without filing a prior report on the construction of a building, built three sperm (7.84 square meters, 4 square meters, and 4 square meters) at the same place as paragraph (1).

Summary of Evidence

1. Partial statement of the defendant;

1. Accusation against the violator of the Building Act;

1. A report on reinspection of the violated building;

1. A temporary building management ledger;

1. On-site location map, on-site photograph (the defendant asserts that the sperm is not a building. The building refers to a structure fixed on the land, which has a roof and columns or walls (Article 2(1)2 of the Building Act), and evidence of the judgment reveals that the sperm installed by the defendant has a roof and columns, and is settled on the land. The defendant's sperm falls under a building under the Building Act, and the defendant's assertion is not acceptable). The application of statutes shall not be accepted

1. Each of the relevant provisions of the Building Act concerning criminal facts does not stipulate Article 111 subparag. 1 and Article 14(1) of the same Act (the fact that a construction report is not performed) and Article 111 subparag. 1 and Article 20(3) of the Building Act.