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(영문) 전주지방법원 2017.02.16 2016고정914
건축법위반
Text

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

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

Reasons

Criminal facts

A person who intends to build a building shall file a prior report with the head of a Si/Gun/Gu pursuant to Article 14 (1) of the Building Act.

On December 17, 2015, the Defendant reported the construction of a structure to the Dogjin-gu Office (3 meters in height, 26.583 meters in length, 7.97 square meters in size) in order to construct a wall to the Dogjin-gu Office D church of the Gojin-gu Seoul Special Metropolitan City on December 17, 2015, and issued a certificate of completion of report (3 meters in height, 26.53 meters in length, and 7.97 square meters in size) and installed the wall from April 2016 to May

However, unlike the above report, the Defendant stated the height of the wall as “4.25 meters” in the indictment at 3.8m without permission, but according to the “written statement” prepared by the public official E in charge, the above height of the wall can be recognized as “average 3.8m”.

The construction works violated Article 14(1) of the Building Act.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. E statements;

1. Application of the Acts and subordinate statutes issuing a location map and photographs of the current status, and written report on the construction of a structure;

1. Subparagraph 1 of Article 111 and Article 14(1) of the former Building Act (amended by Act No. 14016, Feb. 3, 2016; Act No. 1420, Feb. 4, 2017; Act No. 1485, Feb. 1, 2017; Act No. 1485, Feb. 1, 2016; Act No. 1485, Feb.

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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