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(영문) 광주지방법원 2014.10.30 2014고단2691
건축법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A person who intends to erect a retaining wall, chimney, advertising tower, high-priced water tank, underground shelter, or any other similar structure specified by Presidential Decree, to construct a building site in violation of the Building Act, shall file a report thereon with the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a

Nevertheless, around February 25, 2014, the Defendant: (a) constructed 16 steel towers without permission when remodelling “(D)D” located in Gwangju Southern-gu, Gwangju; and (b) constructed 2 solar power infrastructure without permission.

2. Any person who intends to change the form and quality of land in violation of the National Land Planning and Utilization Act shall obtain permission from the Special Metropolitan City Mayor, Metropolitan City Mayors, Metropolitan Autonomous City

Nevertheless, on February 25, 2014, the Defendant, without permission, changed the form and quality of the E forest and F land, which constitutes a boundary with (ju) D in the Nam-gu Seoul metropolitan area, without permission, by cutting the land of the E forest and F in a length of 95 meters and height of 2-4 meters.

Summary of Evidence

1. Court statement of the defendant (the third court date);

1. Statement of reference witness by the prosecution concerning G (one-time answer type);

1. Investigation report (report attached to data related to the violation of the D Building Act), - On-site photographs of each illegal building;

1. Accusation against violation of the National Land Planning and Utilization Act, - Measures against Violations, - Accusations, - Statements, location maps, and application of field photographs laws and regulations

1. Relevant legal provisions for facts constituting an offense, and Articles 110 subparagraph 3 and 83 (1) of the Building Act that choose a sentence, Article 140 subparagraph 1 of the National Land Planning and Utilization Act, and Article 56 (1) 2 of the National Land Planning and Utilization Act, and the choice of imprisonment with prison labor, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. In light of the reasons for sentencing under Article 62(1) of the Criminal Act, the scope and contents of the illegal construction of the instant case and the alteration of form and quality, etc., it seems that a strict punishment is necessary for the Defendant, but the Defendant’s mistake is divided.

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