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(영문) 대전지방법원 2015.12.04 2015노731
건축법위반
Text

The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The Defendant established misunderstanding of facts (not guilty part) for the purpose of using 3 containers.

Nevertheless, the judgment of the court below rendered a not guilty verdict on this part of the charges.

B. The sentencing of the lower court on the grounds that the sentencing of an unreasonable sentencing (a fine of KRW 300,000) is too unjustifiable.

2. Judgment on the assertion of mistake of facts

(a) In addition to the summary of the facts charged, a person who intends to build a temporary building for the purposes prescribed by Presidential Decree, such as disaster relief, entertainment, exhibition, construction temporary building, etc. shall commence construction works after reporting to the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu on the

Nevertheless, around June 2013, the defendant constructed three containers with a size of 27 square meters, 10 square meters, and 10 square meters respectively without reporting on the above D site.

B. The judgment of the court below 1) A temporary building which requires a report pursuant to Article 20 (2) of the former Building Act (amended by Act No. 12246, Jan. 14, 2014) is a temporary building for the purpose prescribed by Presidential Decree, such as disaster restoration, entertainment, exhibition, construction work, etc. According to Article 15 (5) of the Enforcement Decree of the same Act (Presidential Decree No. 24568), it is reasonable to view that a temporary building is entirely premised on its use. 2) The defendant was not built for the purpose of using three containers in question in this case, but was stored for the purpose of sale, and according to the records, the defendant was punished for the violation of the Farmland Act by this court after storing the above container for the purpose of sale, and the evidence submitted by the prosecutor alone cannot be deemed that the above three containers require a report under the Building Act.

3. Therefore, this part of the facts charged is without proof of crime.

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