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(영문) 대전지방법원 논산지원 2017.09.05 2017고정45
건축법위반
Text

The defendant shall be innocent.

Reasons

1. On July 2012, the Defendant did not report the construction of a temporary building in Seosan-si, C, D, and E in order to store materials, the Defendant respectively constructed a temporary building of the 1st floor pipe structure warehouse of the 1st floor pipe (total floor area of 225 square meters) and a 2nd floor pipe structure warehouse of the 1st floor pipe structure of the 2nd ground (total floor area of 189 square meters).

2. Determination:

A. The Defendant alleged that each warehouse, which is a temporary building indicated in the facts charged, (hereinafter “each warehouse of this case”) was the representative director at the time of around July 2012.

F was constructed by F and himself was not involved in the construction of each warehouse of this case.

The argument is asserted.

B. 1) In a criminal trial, the prosecutor bears the burden of proving the criminal facts charged in the criminal trial, and the conviction should be based on evidence with probative value sufficient for the judge to have a reasonable doubt that the facts charged are true. Therefore, if there is no such evidence, even if there is doubt as to the defendant's guilt, it shall be determined with the benefit of the defendant.

2) According to the evidence adopted and examined by the court, each of the instant warehouses was constructed around July 2012, and the fact that the Defendant was registered as the representative director of G farming association jointly with F at the time is recognized.

However, at the same time, at the time of July 2012, 1 witness H constructed each of the instant warehouses at the request of F, one of the representative directors of G farming association members, and the Defendant did not participate in each of the instant warehouses; the Defendant stated that the Defendant did not have any difficulty in construction of each of the instant warehouses while carrying out the said construction; and (2) the witness IdoF was the representative director of G farming association before he was subject to a traffic accident around 2014.

In light of the fact that the above facts and the evidence submitted by the prosecutor alone are the actors who constructed each warehouse of this case without reporting the construction of a temporary building.

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