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(영문) 의정부지방법원 2017.08.24 2017고정1030

건축법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

Any person who intends to construct a building shall report it to the competent authority.

Nevertheless, the Defendant:

1. On March 2013, a pipe structure warehouse of a size of 189.50 square meters was extended to one parcel, other than Pyeongtaek-gun B, Pyeongtaek-gun, and one parcel for the purpose of storing feed.

2. On June 2016, the building of a steel framed structure with a light size of 8.99 square meters was extended at the former port’s address in the previous port, and the building of a steel framed structure with a light size of 136.63 square meters was extended.

Summary of Evidence

1. Statement by the defendant in court;

1. A accusation, on-site photograph of the non-compliant building, a summary of design, area list, building layout plan, and ground plan;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 11 subparag. 1 and Article 14 of the former Building Act (Amended by Act No. 12246, Jan. 14, 2014); Article 110 subparag. 1 and Article 111(1) of the former Building Act (Amended by Act No. 14016, Feb. 3, 2016); the extension of a report on a criminal offense (Amended by Act No. 14016, Jun. 1, 2016)

1. former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the said Act (to the extent that the aggregate of the amounts of each of the above crimes is aggregated);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is to examine the sentencing of Article 334(1) of the Act on the Aggravated Punishment of Provisional Payment Order, the defendant's mistake is against himself/herself while recognizing the facts of the crime of this case, the defendant appears to have caused each of the crimes of this case to live in the livestock industry, and each of the crimes of this case is deemed to have been committed upon voluntary reporting to the competent authorities after extension. The above report appears to have been lawfully accepted after the extension. The current Building Act requires a fine not exceeding KRW 50 million for the crime of extending the report. However, the statutory penalty under the former Building Act (amended by Act No. 12246, Jan. 14, 2014) which was enforced around March 2013 is a fine not exceeding KRW 2 million, and the statutory penalty under the former Building Act (amended by Act No. 12246, Feb. 16, 2016) which was enforced around June 14, 2016.