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(영문) 서울동부지방법원 2017.01.10 2016고정1906

건축법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The owner of a building cannot use the building unless he/she obtains approval for the use of the building. On April 30, 2014, the Defendant used the building in a manner that he/she collects 300 believers on June 5, 2016 through June 26, 2016, in a manner that he/she collects 11:00 believers on Sundays 11:00 and considers 300 times a week, without obtaining approval for the use.

Summary of Evidence

1. A protocol concerning the examination of the suspect of each police officer against the defendant or D;

1. Each police statement made to E and F;

1. Cases pertaining to the accusation, each public letter (as to the approval for use), corrective instructions, photographs, contract contracts, demands for correction of buildings violating the Building Act, supervision opinion attached, supervision opinion attached to the use prior to approval for the use of the C church, and the second directions for correction following the use prior to approval for the use of the C church [the defendant was approved by the negligence of Seongdong-gu public officials, and thus, he was unable to secure the space for worship after the lease contract was terminated, thereby making it impossible to use the church without any choice. Thus, the defendant's act constitutes an act that does not violate the social rules (Article 20 of the Criminal Act), urgent escape (Article 22 of the Criminal Act) or there was no possibility of expectation.

However, in full view of all the circumstances recognized by the above evidence, there was a justifiable reason for the defendant to use the completed building before approving the use of it.

It is not possible to see that there is such illegality and the ground for denial of responsibility as above, and thus, we cannot accept the defendant's assertion.

1. Article 110 Subparag. 2 of the relevant Act and Articles 22(3) of the former Building Act (amended by Act No. 14016, Feb. 3, 2016; Act No. 1420, Feb. 4, 2017; Act No. 1420, Feb. 3, 2016);

1. The Criminal Act to attract a workhouse;