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(영문) 창원지방법원 2015.07.08 2015고정426
건축법위반
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

The Defendant is the owner and contractor of the building in the window C of Changwon-si, and the Defendant, at the time of permission for the multi-story of the building in question, obtained the construction permission at 1.75 meters (0.9 meters from the lower part and 2.6 meters from the lower part) at the time of permission for the multi-story of the building in question, but was constructed differently from the previous permission for the construction of the multi-story of the building in early August 2014 (3.4 meters from the lower part and 1.65 meters from the upper part).

If a project supervisor finds any matter in violation of the Act, an order or disposition, or any other relevant Act and subordinate statutes, or if the contractor fails to carry out construction works in conformity with the design documents, he/she shall notify the project owner thereof and request the contractor to take corrective measures or execute reconstruction, and the contractor shall, upon receiving such a request for corrective measures or reconstruction, comply therewith.

Nevertheless, the Defendant served a written request for reconstruction after the removal on August 22, 2014 on the construction of the multi-story of a building as above, because the multi-story was constructed differently from the drawing of the construction supervisor, and the Defendant refused to comply with the second request for reconstruction on September 17, 2014, even though it was served on September 30, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Relevant Article of the Act on Criminal facts and Articles 110 subparagraph 5 and 25 (2) of the Building Act concerning the selection of punishment;

2. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse.

3. Article 334 (1) of the Criminal Procedure Act.

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