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(영문) 의정부지방법원 2020.06.18 2020고정274
건축법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

A person who intends to construct a temporary building used as a temporary office, a temporary warehouse or a temporary lodging establishment and a small-scale building prescribed by Presidential Decree, which are containers or similar, shall report to the head of a Si/Gun/Gu.

Nevertheless, on March 2019, the Defendant constructed 18 square meters in the temporary office of container structure and 60 square meters in the strong pipe structure without filing a report with the Mayor of Yangju-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Investigation reports on illegal acts;

1. Illegal photographs of the current status;

1. Application of Acts and subordinate statutes governing land cadastre and full registration;

1. The contents of applicable provisions of the Building Act for criminal facts of this case are the same as before and after the amendment of the Act, so separate provisions of the former Act shall not apply;

§ 11(1), Article 14, and Article 20(3)

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing order under Article 334(1) include: (a) the fact that the Defendant recognized the facts charged in the instant case; and (b) there are some circumstances to consider the motive leading to the instant crime; and (c) the circumstances favorable to the Defendant.

However, considering the fact that the Defendant committed the instant crime before the period of the suspension of execution, even though he/she was sentenced to criminal punishment several times on November 30, 2017 due to the crime of injury, etc., he/she committed the instant crime before the period of the suspension of execution, the Defendant is deemed not to have been subject to the imposition of a summary order against the Defendant.

In addition, in comprehensive consideration of the defendant's age, occupation, character and conduct, environment, family relationship, circumstances after the crime, etc. and all the sentencing conditions specified in the records and pleadings of this case, the punishment shall be determined as ordered.

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