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(영문) 수원지방법원 안양지원 2016.11.15 2016고정632

건축법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is the person who is the director of the D church assembly.

Any person who intends to extend a building shall obtain permission from the administrative agencies concerned.

Nevertheless, on September 10, 2015, the Defendant illegally extended the instant building by starting warehouse facilities (150 square meters; hereinafter “instant warehouse facilities”) on the rooftop floor on the Rocheon-si E (hereinafter “instant building”) without permission from the competent viewing.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 108 (1) of the Building Act and Articles 108 (1) and 11 (1) of the same Act concerning criminal facts and the selection of fines;

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

1. The defendant and his defense counsel's assertion on the assertion of the defendant and defense counsel under Article 334 (1) of the Criminal Procedure Act of the provisional payment order asserts that the report on the construction of a temporary building under Article 20 (3) of the Building Act is only a matter of reporting on the temporary building, and on this premise, the defendant's temporary building built by the defendant is not a building subject to reporting, and even if it falls under reporting, the defendant submitted a written statement stating his opinion on November 5, 2015 and completed the report.

Article 15 (5) 8 of the Enforcement Decree of the Building Act excludes the construction of a building on the rooftop of a building from a temporary building under Article 20 (3) of the Building Act. This is the purpose of regulating it as a building rather than a temporary building.

(However, construction of the warehouse on the rooftop of a factory from July 1, 2009 to June 30, 2015 and from July 1, 2016 to June 30, 2019 for deregulation is included in the above temporary building, but the construction of the warehouse facilities of this case does not fall under the above period on September 10, 2015. Therefore, the defendant's warehouse facilities of this case are installed on the rooftop of the building of this case.