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The sentence of sentence against the defendant shall be suspended.
Reasons
Punishment of the crime
The Defendant, upon obtaining permission from the head of Si/Gu in Suwon-si, Suwon-si on April 6, 2009, constructed a building with a type 1 neighborhood living facilities (retail stores), detached houses (one household), two floors above ground, 71.8 square meters in the building area (land-to-land ratio 19.98%) and 135.69 square meters in total floor area (37.72% in total floor area) as a general steel frame building building in the area of a site located in the natural green area located in the district located in Suwon-gu, Suwon-si, Suwon-si, Suwon-si, Suwon-si, Suwon-si, and without obtaining a design change permission. On April 6, 2011, the Defendant constructed a detached house (one household), one story above ground, 70.08 square meters in the building area (land-to-land ratio 19.68%) and 708 square meters in the total area (19.68% in the building volume) as a general steel frame.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness E and F;
1. Entry of witnesses G in the third protocol of trial in the legal statement;
1. Application of Acts and subordinate statutes to the accusation site and accompanying documents (one copy of building permit and design drawing, one copy of the amended design drawing, one on-site photograph, and one copy of confirmation and posting of photographs);
1. Article 110 of the Building Act applicable to the facts constituting an offense and Articles 110 and 16 (1) of the Act on the Selection of Punishment;
1. Articles 70 and 69 (2) of the Criminal Act (in cases of the inducement in a workhouse, 50,000 won a day);
1. As to the Defendant’s assertion of Article 59(1) of the Criminal Act (the suspended sentence: fine of KRW 1,00,000) of the suspended sentence, the Defendant and the defense counsel asserted that there was no need to apply for a change of the construction permit since the Defendant and the defense counsel did not have been fixed by poppy, etc. at the time of this case, since the building was movable on board, etc., it does not fall
Therefore, the health stand and the Building Act excludes only the "temporary storage using containers (limited to those installed on the site of a building used only as a factory)" (Article 3 (1) 4 of the Building Act) in the case of a mobile building (Article 3 (1) of the Building Act).