(영문) 수원지방법원 안양지원 2016. 11. 15. 선고 2016고정632 판결[건축법위반][미간행]
Defendant
Park Jong-young (Court of Appeals) and Kim Jong-sung (Court of Appeals)
Law Firm Pww, Attorney Park Jae-hee
Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant fails to pay the above fine, the defendant shall be confined in a workhouse for the period converted into one day.
In order to order the provisional payment of an amount equivalent to the above fine.
The defendant is the person who is the director of the general assembly of ○○ church.
A person who intends to extend a building shall obtain permission from the relevant administrative agency. Nevertheless, on September 10, 2015, the Defendant illegally extended the building in this case by starting a sand plate board warehouse (150 square meters; hereinafter “instant warehouse facilities”) on the rooftop floor (hereinafter “instant building”) without permission from the competent viewing.
1. Partial statement of the defendant;
1. A written accusation;
1. Article relevant to the facts constituting an offense and the selection of punishment;
Articles 108(1) and 11(1) of the Building Act, selection of fines
1. Detention in a workhouse;
Articles 70(1) and 69(2) of the Criminal Act
1. Order of provisional payment;
Article 334(1) of the Criminal Procedure Act
The defendant and his defense counsel asserted that ① the defendant constructed a temporary building and does not extend the building of this case, only a report on the construction of a temporary building under Article 20(3) of the Building Act is merely problematic, ② On the premise of this, the defendant's temporary building built is not a building subject to report, and even if it falls under the subject matter, the defendant submitted a written statement stating his opinion on November 5, 2015 and completed the report.
Article 15(5) Subparagraph 8 of the Enforcement Decree of the Building Act excludes construction of the warehouse of this case on the rooftop of a building under Article 20(3) of the Building Act. This purport is to regulate it as a building rather than a temporary building (However, construction of the warehouse of this case on the rooftop of a factory from July 1, 2009 to June 30, 2015 and from July 1, 2016 to June 30, 2019 is included in the above temporary building, but the warehouse of this case does not fall under the above period on September 10, 205). Accordingly, it is reasonable to view that the defendant's establishment of the warehouse of this case on the rooftop of the building of this case does not constitute a temporary building, but the extension of the building of this case without examining the above assertion by the defendant and the defense counsel.
Judge Park Nam-nam