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(영문) 수원지방법원 성남지원 2016.07.13 2016고단1124
건축법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A person who has obtained permission to construct a building in violation of the Building Act or made a report on the change of the purpose of use thereof, and a person who intends to use the building after completing construction works shall file an application for approval of use with the competent authority and shall not use or make use of the building unless the approval of use is obtained, the Defendant used the building as a warehouse storing agricultural products without obtaining approval of use from the competent authority on October 2015.

2. A person who violates the Special Measures Act on the Designation and Management of Areas subject to Development Restriction shall not construct a building, change the use of a building, install a structure, change the form and quality of land, divide land, etc. in a development restriction zone without obtaining permission from the competent authority. However, on October 2015, the Defendant, without obtaining permission from the competent authority, packages concrete and miscellaneous land on a size of 1,422 square meters in the Hanam-si, which is a development restriction zone, and changed the form and quality of land by packing concrete and miscellaneous land on a size of 1,422 square meters, using a building as a warehouse, using a building as a warehouse, used the building for the permitted purpose, and performed an act such as extending the height of the building (1.4-1.8 square meters) and extending the area of a square meters of land (1

Summary of Evidence

1. Statement by the defendant in court;

1. A statement and a statement of opinions of E;

1. A written accusation;

1. All on-site photographs;

1. Certification of all matters to be registered and land use planning confirmation personnel;

1. Application of Acts and subordinate statutes concerning the management of building permits within the development restriction zone;

1. Article 110 subparagraph 2 of the Building Act, Article 22 (3) of the same Act (the use before approval for use), Article 32 subparagraph 1 of the Act on Special Measures for Designation and Management of Development Restriction Zones, and Article 12 (1) of the same Act (the alteration of the form and quality and use of land without permission, and the occupation of construction) concerning facts constituting an offense, and the selection of imprisonment, respectively;

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. The areas of restrictions on the development of reasons for sentencing under Article 62(1) of the Criminal Act are to prevent any disorderly expansion of cities.

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