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(영문) 광주지방법원 2018.05.17 2018고정335

건축법위반

Text

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

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

Reasons

Punishment of the crime

A person who intends to construct or repair a building shall obtain permission from the competent authority.

Nevertheless, on November 11, 2014, the Defendant constructed a stable of 309 square meters using a light fluorial steel frame, light fluorial steel pipe, etc. on the ground, other than B, Nam-gun, Nam-gun, and one parcel on the ground.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. The application of Acts and subordinate statutes to the accusation site, location map of illegal buildings, and current status of illegal buildings;

1. Relevant legal provisions and Articles 110 subparag. 1 and 11(1) of the former Building Act (amended by Act No. 12701, May 28, 2014); the choice of fines (the amount of fines shall be determined by taking into account the following factors: (a) a person who voluntarily reports an illegal building of a defendant; (b) a person who voluntarily reports an illegal building of a defendant; (c) a person who obtains permission for extension of ratification regarding the said stable from the competent authority around February 2018 after the payment of the amount of enforcement money; and (d) a person who has no criminal record exceeding the same criminal record or fine; and

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;