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(영문) 춘천지방법원 강릉지원 2012.04.13 2012고정30
건축법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On December 8, 2011, the Defendant was sentenced to a suspended sentence of 4 months for a violation of the Management of Mountainous Districts Act in the Gangwon District Court's Gangseo branch court, and the said judgment became final and conclusive on December 16, 201.

Any person who intends to construct a building with a total floor area of less than 200 square meters and less than three floors in a management area, agricultural and forest area, or natural environment conservation area under the National Land Planning and Utilization Act, shall file a report with the head of the competent administrative agency under the conditions

Nevertheless, the Defendant, without filing a report with the competent authority, constructed a pole using a wall, a fume, using a sand site, and a fume fume in the three-dimensional city located in an agricultural and forest area from May 2, 201 to May 12, 201, and newly constructed a building of 18 square meters in a tent, by constructing a wooden floor and a raft on the roof part.

Summary of Evidence

1. Partial statement of the defendant;

1. Location map of an illegal building, on-site photo of an illegal building, and an order to correct an illegal building;

1. Land use planning confirmation devices and investigation reports (Attachment of field photographs);

1. Previous convictions in judgment: Application of Acts and subordinate statutes for investigation reports (unauthorized disposition and report on results of confirmation);

1. Subparagraph 1 of Article 111 of the Building Act and Article 14 (1) 2 of the relevant Act on criminal facts;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. Judgment on the assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. The assertion;

A. The instant structure that the Defendant built does not constitute a building under the Building Act, since there is no roof.

B. A person was unaware of the fact that construction of a building recorded in the facts constituting an offense was in violation of the relevant statute without reporting to the competent authority.

2. Determination

A. According to the evidence of the judgment, the structure of this case constructed by the defendant is completed with the walls built by the steel frame and sand position panel, and the roof part of the roof has been built up to the wooden floor and the gale roof trusses.

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