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(영문) 대전지방법원 2017.01.19 2016노2129

건축법위반

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal (misunderstanding of facts and misunderstanding of legal principles)

A. The interim supervision report should be submitted by the time the project owner applied for approval for use, and there was a justifiable reason that the Defendant is unable to submit the interim supervision report to the project owner.

B. The Defendant had already been excluded from the supervisor status before April 19, 2013, which was conducted by the interim prosecutor near the foundation of steel bars, and thus did not have any obligation to submit an interim report on supervision.

2. Determination

A. The court below rejected the above assertion in detail, on the ground that the Defendant did not neglect the time limit for submitting an interim report on supervision, and that there was justifiable reason in failing to submit an interim report on supervision, and on the ground that there was a justifiable reason.

Examining the above judgment of the court below after comparing it with the records, the judgment of the court below is just, and there is no error of misunderstanding of facts or of misunderstanding of legal principles as pointed out by the defendant.

B. According to the evidence duly admitted and examined by the lower court regarding the assertion that the Defendant was not obligated to submit an interim report on supervision, which is not a supervisor, the lower court acknowledged the fact that the Defendant became a supervisor of the construction work of Asan City C and D New Multi-household Housing Corporation (hereinafter “instant construction”) upon entering into a contract with the construction owner F on March 27, 2013, and otherwise, the Defendant went out of the position of the supervisor before and after the completion of the relocation of the instant construction work.

There is no evidence to view, on May 13, 2013, the Defendant sent to the owner of the instant construction project a certificate of content that the contract should undergo mutual consultation in order to terminate the contract on the premise that the supervision contract of the instant construction is valid (No. 75 pages of the investigation record). The Defendant’s allegation above is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.