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(영문) 춘천지방법원 2014.04.10 2013고정669
건축법위반
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is the owner of a building in Chuncheon City C.

1. Where the total floor area is extended, reconstructed, or reconstructed within 85 square meters, a report shall be filed in advance with the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu;

On May 2012, the Defendant, without filing a report, extended one cement block building of a size of 2.79 square meters on the ground on the ground on the ground site of the first floor on the Seochoman.

2. A person who intends to erect a retaining wall, chimney, advertising tower, high-priced water tank, underground shelter, or any other similar structure prescribed by Presidential Decree shall file a report thereon with the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu, as prescribed by Presidential Decree.

The Defendant, without reporting, built a structure with a height of 2.7-3.0 meters and 10.7 meters in length at the time and place specified in the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. Voluntary statement of the draft D;

1. Application of relevant Acts and subordinate statutes, such as field photographs, pre-announcement of administrative dispositions against violation of the Building Act;

1. Article 11 subparagraph 1 of Article 111 of the Building Act, Article 14 (1) 1 of the Act on the Selection of Punishment for Criminal Facts (the extension of a report, the selection of a fine), subparagraph 3 of Article 110 of the Building Act, and Article 83 (1) of the Building Act (the occupation of constructing structures not reported and the selection of a fine);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Judgment on the assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. The Defendant and the defense counsel asserting the act of political party: (a) at around 2007, the Defendant and the defense counsel: (b) at the auction of the site and two Bara (the name of Defendant son) adjacent to the land on which the facts constituting the crime are indicated; and (c) assault and bullying the Defendant to cut off the land on which the facts constituting the crime are indicated; and (d) so, the Defendant has extended and constructed the above to defend himself.

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