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(영문) 인천지방법원 2014.08.29 2013고정3965

건축법위반

Text

Defendant shall be punished by a fine of KRW 800,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

[2013 High Court Decision 3965] The defendant is a person who constructs containers which are temporary buildings in Yeonsu-gu Incheon Metropolitan City C. Any person who intends to build a temporary building shall commence construction after reporting to the competent authority.

Nevertheless, on April 1, 2013, the Defendant, without reporting to the competent authority, built a container, which is a temporary building for the purpose of an office of size of 48 square meters in Yeonsu-gu Incheon Metropolitan City C.

[2013Gohap4] The Defendant did not report to the Yeonsu-gu Office, the competent administrative authority, and without permission, installed one container which is a temporary building in Yeonsu-gu Incheon Metropolitan City C on April 1, 2013.

Summary of Evidence

[2013 High Court Decision 3965]

1. Partial statement of the defendant;

1. A written accusation;

1. On-site photographs (2013, 4044);

1. Partial statement of the defendant;

1. A written accusation;

1. Application of statutes on site photographs;

1. Article 111 Subparag. 1 and Article 20(2) of the former Building Act (Amended by Act No. 12246, Jan. 14, 2014) regarding criminal facts

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

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

1. As to the assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the Defendant and the defense counsel did not know that the Defendant should report the establishment of the instant container to the competent authority separately. Rather, the lessor of the instant leased site knew that the procedure was completed normally, and thus, did not have any awareness of intention or illegality.

However, according to the records of this case, although all matters pertaining to the permission to use the leased site of this case as the vehicle storage unit are stipulated to be responsible for the lessee, the defendant can find the fact that the container was installed without permission without permission by the head of the competent local government, without checking at all the matters related to the permission.