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(영문) 대전지방법원 2016.08.26 2016고정228
건축법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

A person who operates a restaurant with the trade name "C" in Seo-gu Daejeon, and intends to extend a building with a total floor area of not more than 85 square meters, shall report to the competent authority.

On July 2014, the Defendant, without reporting to the head of Seo-gu, Seo-gu, Daejeon, extended the warehouse of approximately 6.3 square meters of the floor area by using iron pipes, etc. on the restaurant kitchen building and the prefabricated panel building of approximately 41.42 square meters of the floor area.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to accusation a violator of the Building Act, a written statement, details of violation, pictures, location map, and current status thereof;

1. Subparagraph 1 of Article 111 of the Building Act and Article 14 (1) 1 of the same Act concerning facts constituting a crime;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act reflects the Defendant’s reason for the provisional payment order, voluntary removal of the extended part without the report, and the Defendant experienced difficulties in operating the restaurant due to the instant case, and all other circumstances revealed in the records and arguments. In full view of the circumstances, the punishment as ordered shall be determined by the court and the entire court of the Republic of Korea, taking into account the amount of the fine imposed in similar cases.

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