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(영문) 부산지방법원 동부지원 2013.08.12 2012고정1663

건축법위반

Text

The defendant shall be innocent.

Reasons

1. Where a person intends to extend the total floor area of a building within 85 square meters, he/she shall file a report with the head of the competent Si/Gun;

Nevertheless, on April 3, 2012, the Defendant, in collusion with C, did not report to the head of the competent police office, and extended the building area owned by the Defendant in Busan Metropolitan City captain D by using a panel and a tent on around 37.5 square meters for the purpose of making the rain trees and the sunlight sunlight trees at the front entrance of the 9.63 square meters of the size of the building owned by the Defendant in Busan Metropolitan City captain D.

2. According to the witness C’s legal statement on July 4, 201, when the witness C operated a building leased from the Defendant as stated in the facts charged, it can be recognized that C had extended the area of 37.5 square meters at the front entrance around August 201, using the board and the tent in order to prevent the sunlight and the sunlight, and the evidence submitted by the prosecutor alone is insufficient to recognize that the Defendant conspired with C to extend the said area, and there is no other evidence to acknowledge it. Thus, the above facts charged constitute a time when there is no evidence to prove a crime, and thus, is acquitted pursuant to the latter part of Article 325 of the Criminal Procedure Act.