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(영문) 광주지방법원 2018.08.23 2018고단2475

건축법위반

Text

A defendant shall be punished by imprisonment for not more than four months and by a fine not exceeding 300,000 won.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

The defendant is the owner of a building and a temporary building located in 8 lots, both south A and south Aero-gun.

1. A person who intends to construct or substantially repair a building without permission shall obtain permission from the competent authority;

Nevertheless, in around 2015, the Defendant newly constructed a single-story building, including a pipe retail store (a size of about 660 square meters), a small store (a size of about 396 square meters), a small store (a scale of about 195.3 square meters), a light-weight steel-frame toilet (a scale of about 12 square meters), and a wood tank (a scale of about 4 square meters), a single-story building (a total of about 1267.3 square meters), which is a building without obtaining permission from the competent administrative agency.

2. Any person who intends to erect a temporary building shall file a report thereon with the competent authority in accordance with the retention period, standards for installation, and procedures prescribed by Presidential Decree;

Nevertheless, in around 2016, the Defendant constructed a container warehouse (around 8m2) without reporting to the competent authority at the above place, and a steel pipe warehouse (a size of approximately 79m2) around 2017 and constructed two units of temporary buildings (a total of about 87m2) around 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. On-site verification reports, area marks, and on-site photographs following the receipt of civil petitions against violated buildings;

1. Investigative Report (as regards building numbers), satellite photographs;

1. Investigation report (time of new construction of a building), photographs;

1. Application of Acts and subordinate statutes on criminal investigation reports;

1. Article 110 Subparag. 1, Article 111(1) of the former Building Act (amended by Act No. 13785, Jan. 19, 2016; hereinafter the same shall apply); Article 111 Subparag. 1, and Article 20(3) of the former Building Act (amended by Act No. 14016, Feb. 3, 2016; hereinafter the same shall apply) regarding criminal facts;

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the same Act concerning the aggravation of concurrent crimes;

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

1. Article 62 (1) and (2) of the Criminal Act on the suspension of execution;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;