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(영문) 대구지방법원 경주지원 2016.09.08 2016고단192

건축법위반등

Text

A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant of "2016 Highest 192" is a person who operates "Criet" in B of the racing-si.

1. Any person who intends to construct (construction, expansion, remodeling, reconstruction, relocation) or repair a building without permission shall obtain permission from the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu;

Nevertheless, on May 2015, the Defendant, without obtaining permission from the competent authorities, extended the floor area of 149 square meters on the rooftop of the said Criart building by using pipes and boards, etc. to a light-weight 149 square meters.

Accordingly, the defendant constructed a building without obtaining permission from the competent authorities.

2. Any person who violates the Building Act (the occupation of a building without permission) shall obtain permission from the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu;

Nevertheless, the Defendant did not obtain permission from the competent authorities for the alteration of the use of the above Criet building, which was approved for the purpose of officetels (business facilities and neighborhood living facilities) from the racing market, from January 2015 to January 26, 2016, operated accommodation business for many unspecified customers by installing a cooling crigate, boom, etc. on 39 guest rooms located in approximately 2,71 square meters in total of the two stories, three stories, four stories, and four stories of the above building.

Accordingly, the defendant changed the use of the building without obtaining permission from the competent authorities.

around January 2014, the Defendant, “2016 Highest 436,” installed and operated an outdoor swimming pool of the size of 7m width and 17m length in the same riart, around March 2014, with the trade name “Criart” in “Criart,” and around March 2014, the Defendant installed and operated an outdoor swimming pool of the size of 17m length.

At around 13:30 on August 25, 2015, five persons, such as victims D (20 years of age), were accommodated in the above Riart operated by the defendant.

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