건축법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
The above fine shall not be paid by the defendant.
1. Notwithstanding the fact-finding or misunderstanding of legal principles, the steel pipeline structure of this case (hereinafter “the structure of this case”) is a building subject to permission under the Building Act, the court below rendered a judgment not guilty on the ground that the structure of this case is not subject to permission under the Building Act. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.
2. The facts charged and the judgment of the court below
(a) A person who intends to construct or substantially repair a building charged shall obtain permission from the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu;
Nevertheless, around May 4, 2012, the Defendant newly constructed a pipe structure of 147.90 square meters without permission in order to use it for the use of Class II neighborhood living facilities (e.g., physical fitness strings and bitulululty) in Asan City (Urban Area).
B. The lower court determined that: (a) Article 15(5) of the former Enforcement Decree of the Building Act (amended by Presidential Decree No. 24229, Dec. 12, 2012; hereinafter “former Enforcement Decree of the Building Act”) lists a temporary building subject to reporting under each subparagraph; (b) does not fall under any of the subparagraphs of Article 15(5) of the former Enforcement Decree of the Building Act, such as the entry of the police statement on the Asan Viewing construction and D who is a public official, and thus does not constitute a temporary building; and (c) the instant structure is not a building subject to permission under the Building Act, not a temporary building. ② The instant structure appears to have been composed of a tent of a pipe structure with a strong roof and vinyl structure built of a pipe structure on a size of 147.90 square meters, and (c) it stated that D may be deemed a temporary building if it is not a warehouse. < Amended by Presidential Decree No. 10820, Apr. 10, 2012>