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(영문) 수원지방법원 성남지원 2016.02.05 2015고정1007

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

The defendant is the owner of the building C on the ground, and D is the representative director of E (ju) who entered into a contract with the defendant and constructed the building.

Any person who intends to construct or repair a building shall obtain permission from the competent administrative agencies.

Nevertheless, the Defendant and D newly built a factory building of 217.92 square meters on the ground above C without obtaining permission from the competent authorities around March 4, 2013.

Summary of Evidence

1. Each legal statement of D or F;

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

1. G statements;

1. A written accusation;

1. Photographs;

1. As to the issue of the permitted drawing, the defendant and his defense counsel asserted that the removal of a factory building under the condition that the defendant was permitted to repair the building on a large scale, but the defendant believed only the horses of D, an expert, and fulfilled the removal with conviction that it was legitimate, so the defendant cannot be regarded as a violation of the Building Act.

In full view of the following factors: ① the defendant was recognized as a result of legitimate examination of evidence by this court; ② the reason why the defendant was only permitted to repair the factory building of this case; ② the reason why the contract was concluded between D and D; ③ the circumstances leading up to the removal of the factory building of this case, the defendant was aware that his act was lawful; and ③ the removal of the factory building of this case.

shall not be deemed to exist.

Therefore, the above argument is not accepted.

Summary of Evidence

1. Each legal statement of witness D and F;

1. A written accusation;

1. Photographs;

1. Application of statutes governing the permitted drawing;

1. Relevant Article 110 of the Criminal Act and Article 111 (1) of the Criminal Act that provides for the choice of punishment for a crime (opportune selection);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;