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(영문) 대전지방법원 논산지원 2017.06.20 2017고정84
건축법위반
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

1. Where a building with a total floor area of less than 200 square meters and less than three floors is constructed in a management area, etc. under the National Land Planning and Utilization Act, a report thereon shall be filed in advance with the competent Mayor, etc.;

Nevertheless, on October 2016, the Defendant constructed a building with the second floor size (the brick structure with the floor area of 80.07 square meters and the floor area of 80.07 square meters with the floor area of 80.07 square meters on the second floor) in Seosan-si, which is a management area under the above law, under the above law.

2. A person who intends to erect a temporary building for purposes prescribed by Presidential Decree shall commence construction after reporting to the competent Mayor, etc.

Nevertheless, the Defendant did not report to the Mayor, which is the competent market, at the time and place specified in paragraph 1, and constructed a facility for the cutting of light-scale steel structure with a total floor area of 18 square meters.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A written accusation;

1. Land use planning confirmation personnel;

1. Application of the current status of buildings in violation and statutes governing field photographs;

1. Article 11 subparag. 1 of the former Building Act (Amended by Act No. 14016, Feb. 3, 2016); Article 111 subparag. 1 of the same Act (construction of a non-reported building in a control area), Article 111 subparag. 1 of the same Act, and Article 20 subparag. 3 of the same Act (construction of a non-reported temporary building) concerning criminal facts;

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 reasons for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are against the defendant's wrongness, the use of the violating building is approved, the defendant does not have the same criminal records, and the defendant has no other criminal records, and the defendant's age, sex, environment, criminal records, etc. are to partially reduce the amount of fine prescribed by the summary order, and the punishment is determined as ordered.

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