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(영문) 대전지방법원 천안지원 2017.09.15 2017고정388
건축법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who operates (State)B.

1. A person who intends to construct or repair a building in violation of the Building Act due to construction of an unauthorized building shall obtain permission from the head of the competent Si/Gun/Gu;

Nevertheless, on October 28, 2016, the Defendant, without permission, built a pole in light quantity in the area of 34m2 and 315m2, Nam-gu, Nam-gu, Seoul and the 34m2 and 315m2, Nam-gu, and constructed a religious stage and a religious assembly with a steel pipe.

2. A person who intends to erect a temporary building for any purpose prescribed by Presidential Decree due to the erection of a non-reported temporary building shall commence construction works after reporting it to the competent authority in accordance with the standards and procedures for installation of retention period and procedures prescribed by Presidential Decree.

Nevertheless, the Defendant, without filing a report, installed two containers of the prefabricated panel and one container of the prefabricated panel in the area of 28 square meters in order to use it for the rest room in the religious assembly room at the same time and place as the above 1 paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation or a written accusation;

1. Application of Acts and subordinate statutes governing current status photographs;

1. Relevant Article of the Building Act and Article 110 subparagraph 1 of the same Act, Article 111 (1) of the Building Act (the occupation of an unauthorized building and the selection of a fine), Article 111 subparagraph 1 of the same Act, and Article 20 (3) of the Building Act (the occupation of a temporary building on which no report has been filed) concerning facts constituting an offense;

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

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

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, has recognized and reflected his mistake.

The scale of buildings and temporary buildings is not large, and the progress rate is not high.

In addition to this, all the circumstances revealed in the trial process, such as the defendant's age, sex, environment, background of the crime, and circumstances after the crime, the punishment as ordered shall be determined.

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