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(영문) 의정부지방법원 2015.07.09 2015고정1028

건축법위반

Text

1. Defendant shall be punished by a fine of 2,000,000 won;

2. Where the defendant does not pay a fine, 100,000 won.

Reasons

Punishment of the crime

On May 14, 2014, the Defendant changed the building of reinforced concrete structure equivalent to 901 and 903m2, which is a building of reinforced concrete structure, which is a sports facility for military personnel located in Namyang-si B, Nam-si, 201.64m2, to the use of a neighborhood living facility, military personnel massage treatment facility, without reporting to the competent authority.

[A building subject to punishment without obtaining permission or filing a report under the Building Act includes not only an act of changing its use tangiblely, but also an act of using it for other purposes. A building for which a tangible purpose of use has already been changed continues to be used for the changed purpose (see, e.g., Supreme Court Decisions 92Do1647, Sept. 22, 1992; 2001Do3990, Sept. 25, 2001). Therefore, even if the owner of the building has succeeded to the use of the building for the same purpose, it constitutes a change of purpose of use even if the building was used for the same purpose. Meanwhile, the defendant was unaware of the registered use of the building in the public record, and was unaware of the degree of punishment, and thus there was no awareness of intention and illegality. However, according to the evidence below, the defendant was acknowledged to have used the building for other purposes of punishment and evidence at least in the time of its preparation by regulating it on Apr. 28, 2014.

1. A written investigation of violation;

1. A statement of performance;

1. Application of the Acts and subordinate statutes on building ledger;

1. Articles 108 (1) and 19 (2) of the Building Act applicable to the crimes.

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;