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(영문) 대전지방법원홍성지원 2020.11.16 2019고정198

건축법위반

Text

Defendant shall be punished by a fine of KRW 80,000.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

1. Where a building with a total floor area of less than 200 square meters and less than three floors is constructed in a management area under the National Land Planning and Utilization Act for the construction of unregistered buildings, a prior report shall be filed with the competent authority, as prescribed by Ordinance of the Ministry of Land,

On November 2018, the Defendant respectively constructed a pipe animal breeding facility (140.24 square meters), a pipe tank storage facility (164 square meters), and one 1 m2 (18m2) other steel structure feed storage facility (18m2) without reporting to the head of Hongsung-gun, Hongsung-gun, a planned control area, to the head of Hongsung-gun.

2. A person who intends to build a plastic house for the purpose of treatment of livestock seedlings, for the purpose of sports for livestock, or for the purpose of sheltering livestock, the total floor area of which is not less than 100 square meters, which is a temporary building for construction of a non-reported temporary building, shall commence construction after filing a report thereon with the competent authority in accordance with

On November 2018, the Defendant constructed a pipe greenhouse (473.44mm2) which is a temporary building for temporary stable use without reporting to the head of Hongsung Gun on the above land.

Summary of Evidence

1. Application of Acts and subordinate statutes to the accused's statutory statement (the third court date), accusation, writing, and field photographic;

1. Subparagraph 1 of Article 111 of the Building Act and Article 14 (1) 2 of the same Act (a point where construction is not reported) for facts constituting an offense, and subparagraph 1 of Article 111 of the Building Act and Article 20 (3) of the same Act (a point where a non-reported temporary building is constructed);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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