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(영문) 수원지방법원 2014.01.09 2013노3536
건축법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the violation of the Building Act due to erroneous determination of facts or a misunderstanding of legal principles, as to the violation of the use of the Building Act due to the alteration of use without permission, the lower court found the Defendant company guilty of the charges by misapprehending the legal principles on the grounds that subparagraph 2 of the attached Table 1 of the Enforcement Rule of the Food Sanitation Act provides that “A company’s employees, from among raw materials and products of food, etc., they shall keep and manage the freezing facilities in the freezing facilities and products, it is easy to compose and change the quality of the raw materials and products, it shall be stored in the freezing facilities,” and that Article 2 of the Enforcement Rule of the Building Act provides that “A company’s employees shall have the obligation to establish the freezing facilities, etc., of Class 1 neighborhood life facilities (office), Class 2 of the same general steel structure, Class 2 of the same general steel structure (hereinafter “this case’s building”). In light of the fact that it constitutes a misunderstanding of facts under subparagraph 1 or 3 of the Enforcement Decree of the Building Act even if they are obliged to install the freezing facilities.

B. The lower court’s punishment is excessively unreasonable in light of the following: (a) it was impossible to consolidate the Suwon Branch, which was operated as a separate corporate body of unreasonable sentencing, and the fact that the takeover of administrative affairs was not smooth per month and the transfer of administrative affairs was expanded without permission; and (b) it was restored promptly to its original state.

2. According to the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts or misapprehension of legal doctrine, the Defendant Company acquired the instant building that was newly built by FFF Company following its merger around April 2, 2012. The first building of this case was the first class neighborhood living facilities (retail stores) and obtained the construction permit on May 8, 2012 after the Defendant Company acquired the use thereof. The Defendant Company, the head of the Suwon branch office of FF Company, around May 13, 2012.

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