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(영문) 의정부지방법원 2017.06.15 2016고정1701

건축법위반등

Text

A defendant shall be punished by a fine of KRW 5,700,000.

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

Reasons

Punishment of the crime

A person who intends to construct a building with a total floor area of less than 200 square meters in a control area, an agricultural and forest area, or a natural environment conservation register under the National Land Planning and Utilization Act of 2016, and with less than three floors, shall file a report with the competent authority.

Nevertheless, on April 2016, the Defendant constructed a single house of a steel board with a size of 144 square meters, without reporting to the competent authority in the forest and fields C, Nam-si, which is a conservation and management area around the city.

The defendant of "2016 High 1733" is a building owner who purchased C's land in Namyang-si and sets up a building on the ground.

On April 24, 2016, around 19:00, the Defendant raised an objection to the construction of the victim D(53) by asserting that he had had his own household building at the same construction site in the past, raised an objection to the construction of the building by asserting that he had existed his own household building at the same construction site, affixed a field photograph, and affixed the victim’s chest by hand, and the Defendant’s wife E was her face with her mother and her son who was her hand.

As a result, the Defendant, in collaboration with E, inflicted an injury on the victim, such as fluoral salt in need of approximately two weeks of treatment.

Summary of Evidence

"2016 High 1701"

1. A protocol concerning the examination of the suspect of the defendant or F, prepared by the police;

1. A written accusation, an investigation report on offenses, an examination report on current status, a certificate of land use plan, and all certificates of registered matters;

1. References to inquiries, such as criminal history, 2016 High 1733";

1. Statement by the defendant in court;

1. Protocols made by the police preparation and statement with regard to D, protocols prepared by the police for interrogation of suspects, photographs of damage, and medical certificate of injury with regard to E;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 11 subparag. 1 of the former Building Act (amended by Act No. 14016, Feb. 3, 2016); Articles 111 subparag. 1 and 14 subparag. 1 (1) of the same Act (amended by Act No. 14016, Feb. 3, 2016); Article 2 subparag. 3 of the Punishment of Violences, etc. Act; Article 257(1) of the Criminal Act; Article 257(1) of the Criminal Act (the point of joint injury); the selection of each fine.

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.