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(영문) 인천지방법원 부천지원 2018.02.02 2017고정1215
건축법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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 warehouse or temporary building used as a temporary warehouse or temporary accommodation with a container or similar one shall commence construction works after reporting in accordance with the retention period, installation standards and procedures prescribed by Presidential Decree.

around October 2015, the Defendant commenced the construction of a vinyl consisting of steel pipe and vinyl 1, (13.3m *7m *3.7m *3.7m ) of a vinyl consisting of containers for temporary office use inside the said vinyl, (8m *36m ) of a vinyl consisting of steel pipe and vinyl for use in the development and manufacture of agricultural machinery and equipment operated by the Defendant on the land (State), (12m *17m) of a vinyl, (6m *3.7m) of a vinyl consisting of steel pipe for temporary office use inside the said vinyl, (8m *36m) of a vinyl consisting of steel pipe and vinyl for temporary warehouse use in the said vinyl, (1) of a container for temporary office use in the said vinyl, (12m *17m m ), (3) of a vinyl, and (2) of a container without filing a report.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Investigation report (temporary setting of the act);

1. A written accusation;

1. A prior notification of a survey report on the actual condition of a building in violation, a reply to the submission of opinions, and a corrective order for restoration to the original state of a building

1. Application of statutes on field photographs;

1. Article 11 of the Building Act applicable to the facts constituting an offense, and Articles 111 subparagraph 1 and 20 (3) of the Act on the Selection of Punishment, and Selection of Fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant failed to comply with the order of restoration from the administrative office despite having received the order of restoration from the administrative office; the fact that the Defendant was punished by a fine for the same kind of crime was one time; the motive and circumstance of the crime; the degree of the violation; and the circumstances after the crime, etc., the fine under the summary order does not seem to have been excessive; thus, the sentence is determined as per Disposition.

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