건축법위반
Defendant shall be punished by a fine of KRW 1,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
A person who intends to construct or repair a building outside an urban area shall obtain permission from the Special Self-Governing City Mayor or the head of a Si/Gun/Gu.
Nevertheless, on December 2, 2015, the Defendant established a structure pole on the fourth side of the 4th square meters without obtaining permission from the old market, following the “C” building located in the Seocho-si B, Seocho-si, 2015, and extended the wall and the roof thereof by covering it with a tent. 72.5 square meters.
Summary of Evidence
1. Statement by the defendant in court;
1. Police investigation report (or old construction and relative confirmation);
1. Application of Acts and subordinate statutes to on-site photographs, general building ledgers, and certificates of full registered matters;
1. Article 110 of the Building Act applicable to the facts constituting an offense, and Articles 110 subparagraph 1 and 11 (1) of the Act on the Selection of Punishment, and Selection of Fines;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment is to be mitigated by comprehensively taking into account the following circumstances: (a) the Defendant removed the instant illegal building after filing an application for formal trial and restored to its original condition; (b) the Defendant has no record of being punished for the same kind of crime or of being punished exceeding the fine; and (c) the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime; and (d) the circumstances constituting the conditions for sentencing, such as the circumstances after the crime, etc.