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(영문) 광주지방법원 2017.12.07 2017고정1450
건축법위반
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay a fine, one hundred thousand won shall be the day.

Reasons

Criminal facts

Anyone who intends to build a building shall obtain permission from the head of the competent local government, etc., and a person who intends to extend a building with a total floor area of 85 square meters or less shall report to the head of the competent local

1. On January 2013, the Defendant: (a) installed on the wall of the first floor of the instant single house of the steel reinforced concrete structure “A,” which is owned by the Defendant located in Namyang-gun, Namyang-gun, the preservation management area of which was around 10.89 square meters in total; (b) installed on the balcony of the second floor of the balcony, the building of which was 10.89 square meters in size; and (c) extended the building of the steel reinforced concrete structure of the steel reinforced concrete structure of which was 18.4 square meters in size by combining timber on the wall of the said single house without filing a report thereon with the head of Yangyang-gun; and (d) expanded the building of 2 square meters in size of 18.4 square meters in size in total on the wall of the said detached house.

2. On May 2015, the Defendant, without filing a report with the head of Yangyang-gun on May 2015, constructed a building with the aggregate of 58.76 square meters in the aggregate of 2 partitions of non-family forest facilities using steel agents and glass on the wall of the first floor of the instant detached house, the Defendant owned by the Defendant, “A” of the steel reinforced concrete structure, which is located in the Namyang-gun, a preservation management area, and constructed a new building with the size of 14.4 square meters in size by covering the studs and the rooftop on the wall of the instant detached house with steel agents and glass.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written accusation;

1. Photographs;

1. Application of Acts and subordinate statutes to reports on business trips;

1. Article 110 Subparag. 1 of the former Building Act and Article 110 Subparag. 1 of the same Act (amended by Act No. 14016, Feb. 3, 2016; hereinafter the same shall apply) on criminal facts; Article 111(1) of the same Act (amended by Act No. 14016, Feb. 3, 201; hereinafter the same shall apply); Article 111 Subparag. 1 of the former Building Act and Article 14(1) of the same Act on the selection of punishment

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The Criminal Procedure Act of the Provisional Payment Order.

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