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(영문) 부산지방법원 2013.11.11 2013고정2707
건축법위반
Text

The pronouncement of sentence shall be suspended.

Reasons

Punishment of the crime

The defendant is the head of D's site located in the 3th floor of the Busan Dong-gu C building in Busan Metropolitan City.

A person who intends to build a temporary building for construction works shall commence construction works after reporting to the head of the competent authority in accordance with the retention period, standards and procedure for installation prescribed by Presidential Decree.

On June 2012, the Defendant, without reporting to the head of the competent authority, built one container, which is a temporary building of 18 square meters in area of 18 square meters in order to use it for the purpose of site office at the site of the installation of sewage culvert in Suwon-gu, Busan.

Summary of Evidence

1. Legal statement of witness F;

1. On-site photographs;

1. Application of Acts and subordinate statutes to report the occurrence of cases;

1. Article 111 subparagraph 1 of the Building Act and Article 20 (2) of the same Act on criminal facts;

1. Penalty of one million won to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (the conversion of 50,000 won into one day) of the Criminal Act for the detention in a workhouse;

1. Article 59(1) of the Criminal Act (a) of the suspended sentence (a) has no penal power other than the punishment imposed by a fine for 17 years prior to the issuance of the permission to occupy and use a purely outdoor purpose without intentionally excluding the contents of the application for the permission to construct any temporary structure stated in the application for the permission to occupy and use, but it seems that there is a concern that the performance of duties by the public official in charge may cause confusion exceeding the extremely unreasonable sense, such as not entirely stating the purport of excluding the partial exclusion of the permission, etc., and the defendant and defense counsel asked the public official in charge (a witness G) in charge of the instant temporary structure on whether the construction report of the instant temporary structure is necessary, on the grounds that the public official in charge is not required to report it.

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