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(영문) 의정부지방법원 2018.04.19 2018고정454
건축법위반등
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

1. In order to construct a building with a total floor area of less than 200 square meters and less than three floors in a management area under the National Land Planning and Utilization Act, a report shall be filed with the competent authority;

Nevertheless, on December 2016, the Defendant constructed a house with a size of 21 square meters and a toilet with a size of 2.25 square meters in Pyeongtaek-gun B without reporting to the competent administrative agency having jurisdiction over the city.

2. A person who intends to divert a mountainous district in violation of the National Land Planning and Utilization Act or a violation of the Management of Mountainous Districts Act shall obtain permission from the Administrator of the National Forest Service, etc. according to the classification of the types, areas, etc. of mountainous districts prescribed by Presidential Decree, and a person who intends to engage in development activities shall obtain

Nevertheless, without obtaining permission from the competent authorities, the Defendant constructed a building as described in paragraph 1 at the time and place specified in paragraph 1, and cut off and filled up the mountainous district of 179 square meters in size.

As a result, the Defendant, without obtaining permission from the competent authorities, has engaged in development activities simultaneously.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation and a written accusation;

1. Application of Acts and subordinate statutes for forest register, certified copy of forestry map and field photographer;

1. Article 11 subparagraph 1 of the Building Act, Article 14 (Occupancy of Unreported Construction), Article 140 subparagraph 1 of the National Land Planning and Utilization Act, Article 56 (1) (unauthorized Development Activities) of the same Act, Article 53 subparagraph 1 of the Mountainous Districts Management Act, and the main sentence of Article 14 (1) of the same Act, concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for 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 reason for sentencing under Article 334(1) of the Criminal Procedure Act is against the defendant while committing a crime, and the report on temporary use of a mountainous district is accepted after obtaining authorization of a forest management plan after committing the instant crime.

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