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(영문) 의정부지방법원 2013.07.11 2013고정1238
건축법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Criminal facts

1. A person who intends to build a building with a total floor area of less than 200 square meters and less than three floors in an agricultural and forest area shall report to the competent authority, but the Defendant, without reporting to the competent authority, has constructed one manager with a steel pipe with a total floor area of less than 68.4 square meters in Macheon-si, an agricultural and forest area, on January 201.

2. Although a person who intends to build a temporary building has filed a report with the competent authority, the Defendant, without filing a report with the competent authority on the date and place specified in paragraph (1), constructed 166 square meters, 232.4 square meters, 265.6 square meters, 298.8 square meters, 307.1 square meters, 315.4 square meters, 315.4 square meters, 323.7 square meters, 224.1 square meters, 224.1 square meters, and 9 square meters, 10 square meters, respectively, at a place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Subparagraph 1 of Article 111 of the Building Act and Article 14 (1) 2 of the same Act (a point where construction is not reported) for facts constituting an offense, and subparagraph 1 of Article 111 of the Building Act and Article 20 (2) of the same Act (a point where a non-reported temporary building is constructed);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 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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