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(영문) 부산지방법원서부지원 2020.11.20 2020고정419
건축법위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant is a person who operates a swimming pool in the trade name of "C" in Gangseo-gu Busan Metropolitan Government B.

Where the total floor area is extended, reconstructed, or reconstructed within 85 square meters, a report shall be filed with the competent authority in advance.

Nevertheless, on November 2018, the Defendant extended the light-scale steel-frame building with a size of approximately 32.43 square meters to a resting room without reporting to the competent authority in advance in Gangseo-gu Busan Metropolitan City B.

Summary of Evidence

1. A written statement in charge of legal statements, accusation and accusation of the accused;

1. Application of the Acts and subordinate statutes governing the scene of illegal activities, such as a second corrective order, public notice of corrective order, etc.;

1. Article 11 Subparag. 1 of the former Building Act (amended by Act No. 16380, Apr. 23, 2019); Articles 111 Subparag. 1 and 14(1)1 of the same Act, the selection of fines for criminal facts;

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

1. A person who intends to change the purpose of a building approved for use in an urban area from among the outlines of the charges dismissing public prosecution pursuant to Article 334 (1) of the Criminal Procedure Act, shall obtain permission from the competent authority;

Nevertheless, from November 2018 to May 8, 2019, the Defendant changed the use of one floor of the “C” building as a swimming pool without permission of the competent authority on the criminal facts indicated in the judgment that was designated as a physical training hall.

2. Since the public prosecutor revoked this part of the public prosecution on October 30, 2020, he/she must make a decision to dismiss the public prosecution pursuant to Article 328(1)1 of the Criminal Procedure Act.

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