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(영문) 대전지방법원 천안지원 2018.04.12 2017고정803
건축법위반
Text

The sentence of imprisonment shall be suspended against the defendant.

Reasons

Punishment of the crime

In order to construct temporary buildings for purposes prescribed by Presidential Decree, such as disaster recovery, entertainment, exhibitions, and temporary buildings for construction works, the construction works shall commence after reporting to the Special Self-Governing City Mayor, a branch office of a Special Self-Governing Province, or the head of a Si/Gun/Gu in accordance with the standards and

On April 2013, 2013, the Defendant constructed a temporary building equivalent to 148 square meters in total of a non-violationed area, such as a temporary warehouse with a container structure equivalent to 54 square meters in Asan-si C and D in the same Si of Si without reporting to the head of the competent authority on April 2013 or on April 2013.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements (E);

1. Accusation, accusation against a violation of the Building Act, and advance notice on the imposition of compulsory charges on a non-compliant building;

1. Application of Acts and subordinate statutes to a report as a result of on-site inspections of violated buildings;

1. Article 111 Subparag. 1 and Article 20(2) of the former Building Act (amended by Act No. 12246, Jan. 14, 2014) (amended by Act No. 12246, Jan. 14, 201);

1. Fine of 500,000 won which is suspended for a sentence; and

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Code of the Suspension of Pronouncement [In light of the circumstances surrounding the construction of the Defendant’s building revealed in the investigation records, the Defendant does not seem to have a conclusive intention to violate the Building Act.

The Defendant paid the compulsory performance money received from the competent authority, and all of the buildings stated in the facts constituting the crime were removed.

Defendant has no record of criminal punishment.

In addition, a sentence shall be postponed in consideration of the defendant's occupation, family relations, property status, etc.

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