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Defendant shall be punished by a fine of 1.5 million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
1. Where it is intended to construct a small building specified by Presidential Decree, which was committed as a small building for the first time on October 2017, a report thereon shall be filed with the competent authority in advance;
Nevertheless, the Defendant did not report to the competent authority on October 2017, and constructed one assembly-type panel of residential use with the total floor area of 53.2 square meters on the land B in Jung-gu, Incheon.
2. Where it is intended to construct a small-scale building specified by Presidential Decree for a crime committed on March 2020, a report shall be filed with the competent authority in advance, and any person who intends to construct a temporary building used for a temporary office, a temporary warehouse or a temporary lodging establishment shall commence the construction after reporting to the competent authority in accordance with the retention period, installation standards, and procedures prescribed by Presidential Decree.
Nevertheless, the Defendant, without reporting to the competent authority on March 2020, constructed one steel pipe building for residential use with a total floor area of 17.09 square meters and 10.29 square meters on the land of Jung-gu, Incheon, Jung-gu, Incheon, and constructed a temporary warehouse with a total floor area of 15.6 square meters.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of C’s written accusation, field photographing statutes;
1. Subparagraph 1 of Article 111 of the Building Act and Article 14 (1) 5 of the same Act (a building constructed without filing a report) for facts constituting an offense, and Articles 111 subparagraph 1 and 20 (3) of the Building Act (a building constructed without filing a report);
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. The sentencing of Article 334(1) of the Criminal Procedure Act provides for the following factors: (a) the sentencing of the Defendant; (b) the Defendant’s age, sex, family relation, economic situation; (c) motive and attitude of the crime; and (d) the circumstances after the crime, etc., the punishment is determined as ordered.
Unfavorable circumstances: light of 2017.