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(영문) 의정부지방법원 고양지원 2017.06.22 2017고정477
건축법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

Any person who intends to construct a temporary building for the purposes prescribed by Presidential Decree, such as a vinyl house for the use of simple livestock, livestock excreta treatment, livestock exercise, livestock raination, or a tent structure, with a total floor area of at least 100 square meters, shall commence construction after reporting it to the competent authority in accordance with the retention period prescribed by Presidential Decree, standards and procedures for installation.

Nevertheless, on October 2012, the Defendant built 120 square meters of money, without reporting to the competent authority, in order to raise pigs in B in the Papju-si, Papju-si. In addition, on around 2015, the Defendant constructed 200 square meters of money, 200 square meters of money, and 25 square meters of money, respectively, without reporting to the competent authority.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of field photographs);

1. Relevant legal provisions and Articles 111 subparag. 1 and 20 subparag. 2 of the former Building Act (Amended by Act No. 12246, Jan. 14, 2014); each of the former Building Act (Amended by Act No. 14016, Feb. 3, 2016); each of the former Building Act (Amended by Act No. 14016, Feb. 1, 2016; Act No. 14016, Feb. 3, 2016; hereinafter referred to as the “former Building Act”); and each of the selective fines.

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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