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(영문) 수원지방법원 2018.10.11 2018고합177
건축법위반
Text

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

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

Reasons

Punishment of the crime

Any person shall file a report with the competent authority on any extension, remodeling, or reconstruction, the total floor area of which does not exceed 85 square meters.

Nevertheless, on December 2014, the Defendant extended a toilet (11.25 square meters) of the sand site panel on the B and C of Gwangju City without filing a report with the competent authority on the Seocho-si, Gwangju, and extended the warehouse of the sand site panel (45.12 square meters, the place of business), and the restaurant kitchen of the sand site panel (10.56 square meters) on D and E.

Summary of Evidence

1. Some of the statements made to the defendant in the police interrogation protocol (including the F's statement);

1. A protocol concerning the examination of each police in relation to F and G;

1. The accusation (2:2 right 2 pages of the investigation record), the statement protocol under H (2:2 right 7 pages of the investigation record), each original restoration order (2 right 10, 15 pages of the investigation record), each investigation report on each illegal act (2 right 11, 17 pages of the investigation record), each order for restoration to original state (2 right 13, 19 pages of the investigation record), each order for restoration to original state (2 right 13, 19 pages of the investigation record), drawings for indicating major illegal acts, each land register (21, 30 pages of the investigation record), each land register (21, 20 pages of the investigation record), a certified copy of the cadastral map, on-site

1. Application of Acts and subordinate statutes to each investigation report (to refer to the witness I telephone conversations), estimates, investigation reports (to prepare a factual confirmation document and in telephone conversations), investigation reports (to refer to the verification, etc. of the previous flight operator), field photographs, and details of reference letters, and to documents, investigation reports (suspect A and F related records verification) and criminal investigation reports;

1. Subparagraph 1 of Article 111 and Article 14(1)1 of the former Building Act (Amended by Act No. 12737, Jun. 3, 2014) regarding criminal facts under the relevant provision of the Act

1. The aggravated punishment for concurrent crimes prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes stipulated in a violation of the Building Act due to the extension of warehouseless report by a panel on the location of the largest sandbrid);

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

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The main point of the argument is the toilet, warehouse, and restaurant, each of the buildings of this case, as stated in the facts constituting the crime of this case.

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