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(영문) 대구지방법원 상주지원 2016.12.06 2016고정138
건축법위반
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

A person who intends to build a building shall obtain permission or report, and build a building, but the defendant did not report the construction, and the defendant newly constructed a 1st floor above the ground and 18.0 square meters of the building area on May 24, 2016 without permission.

Summary of Evidence

1. Part of the police interrogation protocol of the defendant

1. Written statements of D;

1. The written accusation, the investigation report (Attachment of the judgment) [Attachment of the above building] [the defendant and his defense counsel asserted that the above building is not the subject of a report under the Building Act because the above building is the deaf-gu, but considering the above evidence, the above building cannot be deemed the deaf-gu, and it is reasonable to view the above building as the subject of a report under the Building Act even if the building was constructed without reporting. Thus, the application of the law

1. Article 111 of the Building Act applicable to the relevant criminal facts, Articles 111 subparagraph 1 and 14 (1) of the Building Act, the selection of fines (including the completion of removal, etc.);

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

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

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