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(영문) 대구지방법원 김천지원 2017.03.24 2016고단1661
건축법위반등
Text

Defendant shall be punished by imprisonment with prison labor for up to six months and by a fine of up to one million won.

When the defendant does not pay the above fine.

Reasons

Criminal facts

1. Violation of the Building Act;

(a) Any person who intends to construct or repair a building shall obtain permission from a Metropolitan Autonomous City Mayor, a Special Self-Governing Do Governor, or the head of a Si/Gun/Gu;

Nevertheless, in July 2016, the Defendant newly constructed a prefabricated panel religious facility (the toilet, the size of 35 square meters, one story), a lecture pipe religious facility (the resting place, the size of 79 square meters, one story), and a lecture pipe religious facility (a warehouse, the size of 464 square meters, one story), and a lecture pipe religious facility (a warehouse, the size of 464 square meters, one story).

(b) Anyone who intends to build a temporary building shall commence construction works after reporting to the Special Self-Governing City Mayor, a Special Self-Governing Province branch office or the head of a Si/Gun/Gu in accordance with the retention period,

Nevertheless, the Defendant, without filing a report at the time and place of the paragraph 1, constructed three Dongs (area 18 square meters, 36 square meters, 18 square meters) in a container warehouse, which is a temporary building.

2. A person who intends to divert a mountainous district shall determine its use and obtain permission from the head of the relevant forest office, etc. according to the classification of the types, areas, etc. of the mountainous district prescribed by Presidential Decree;

Nevertheless, the Defendant created a site of 7,073 square meters in size without obtaining permission at the date, time, and place specified in paragraph 1, and converted the use of mountainous districts.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. The application of the current status map, photograph, site map, each field photograph, actual condition survey report, location map, and damaged old map to statutes;

1. Article 110 subparagraph 1 of the relevant Act and Articles 111 (1) of the Building Act (unauthorized points of construction, election of imprisonment, etc.), Article 111 subparagraph 1 of the Building Act, Article 111 and Article 20 (3) of the same Act, Article 53 subparagraph 1 of the Mountainous Districts Management Act, and Article 14 (1) of the same Act (unauthorized points of mountainous district conversion, and election of imprisonment, etc.);

1. Article 37 (former part of Article 37, Article 38(1)2 and 3, and Article 50 (each unauthorized construction) of the Criminal Act to increase concurrent crimes.

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