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(영문) 대구지방법원 2014.02.06 2013노1812

건축법위반

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,500,000.

The above fine shall not be paid by the defendant.

Reasons

1. According to the evidence submitted by the prosecutor of the gist of the grounds for appeal, it is recognized that the defendant used it as a dance institute teaching paid dancing by changing the purpose of the building approved as an educational and research facility without permission from the competent authorities.

Nevertheless, the court below erred in finding a not guilty of the facts charged in this case by misunderstanding facts.

2. Determination

A. The summary of the facts charged in the instant case is a person who operates a dance institute under the trade name of “D” on the fourth floor of the Daegu-gu Seoul Building.

A person who intends to change the use of a building approved as an education and research facility to an amusement facility shall obtain permission from the head of the Si/Gun/Gu.

Nevertheless, from January 2008 to October 25, 201, the Defendant changed the use of a building as an amusement facility by using the facilities such as the floor floor floor, lighting, etc. of approximately 120 square meters for each student with private dance and receiving tuition fees of KRW 100,000 for each student as a dance institute in an urban area where the use of the building was approved for the purpose of education and research facilities, without obtaining permission from the competent administrative agency.

Accordingly, the defendant changes the use of the building without obtaining permission from the competent authorities.

B. The lower court determined that, under the Building Act, a dance institute, which is a kind of amusement facilities, refers to a facility that provides dancing lessons for a fee, and the Defendant asserts that it is an educational and research facility that is not a dance institute but a dance institute, and that the witness E’s legal statement complies with the Defendant’s above assertion, and thus, it is insufficient to recognize the facts charged solely with the entries in the F’s accusation and the statement written by the judicial police officer in the F’s statement as to F’s statement, and is not guilty.

C. The judgment of the court below and the trial court are legitimate.

참조조문