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(영문) 청주지방법원 제천지원 2017.04.13 2017고정25
건축법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

A person who intends to construct a building with a total floor area of less than 200 square meters and less than three floors in an agricultural and forest area under the National Land Planning and Utilization Act shall, in advance, file a report with the Special Self-Governing City Mayor, the Special Self-Governing Province branch office, or

1. On January 2013, the Defendant built a container of light-weight steel structure (a total floor area of 10.81 square meters) without reporting to the competent authorities in Ycheon-si, an agricultural and forest area around spring 2013.

2. On January 2014, the Defendant committed the crime of light oil: (a) installed a container of light-weight steel structure (a total floor area of 18 square meters) without reporting to the competent authority in C, which is an agricultural and forest area around 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Each police statement made to E and F;

1. A land use plan;

1. Application of Acts and subordinate statutes to photographs explanatory notes;

1. Relevant legal provisions concerning criminal facts, Articles 111 subparag. 1 and 14(1)2(2) of the former Building Act (Amended by Act No. 14016, Feb. 3, 2016); Articles 111 subparag. 1 and 114(1)2(2) of the former Building Act (Amended by Act No. 12246, Jan. 14, 2014); the construction of a non-reported building in spring of 2013); and the selection of fines, respectively.

1. Aggravation of concurrent crimes: the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment shall be limited to the extent that the maximum amount of concurrent crimes against the crime of violating the Building Act, which is heavier than the heavier punishment, is added thereto];

1. Articles 70(1) and 69(2) of the Criminal Act (as to a violation of the Building Act around the diameter of 2014) of the same Act, and Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014) (as to a violation of the Building Act around the spring of 2013)

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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