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(영문) 대전지방법원 2016.11.03 2015노3074
건축법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. 1) The instant reinforced concrete columns do not constitute a steel tower for sports facilities, such as a golf range range with a height exceeding six meters, a communications tower for residential areas and commercial areas, and others similar thereto, which are installed in the instant reinforced concrete columns subject to reporting. 2) The construction of the instant reinforced concrete columns, which are delegated by the Defendant from the competent office, shall be dismissed as they are found to be illegal as they constructed the instant reinforced concrete columns upon consultation by the staff in charge of the competent office.

B. The court below’s sentence of unfair sentencing (2 million won of fine) is too unreasonable.

2. Judgment on misapprehension of legal principles

A. Article 83(1) of the Building Act provides that “A person who intends to construct a retaining wall, chimney, advertising tower, high-priced water tank, underground shelter, and other similar structures prescribed by Presidential Decree for building a building site shall report to the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu, as prescribed by Presidential Decree,” and Article 118(1) of the Enforcement Decree of the Building Act provides that “a structure subject to reporting to the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu in constructing a structure (referring to constructing a structure separate from the building) pursuant to Article 83(1) of the Act shall be as follows:

. As such,

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