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(영문) 부산지방법원 2017.12.13 2017고정2026
건축법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

Any person who intends to build or repair a building shall obtain permission from the Mayor of a Special Self-Governing City, a Special Self-Governing Province or the head of a Si/Gun/Gu: Provided, That where a building the total floor area of which does not exceed 100 square meters is constructed, the building permission shall be deemed granted if a report is

Nevertheless, on December 2016, the Defendant installed a container, which is a temporary building with a total floor area of 18 square meters, without reporting to the competent authorities in advance, in the Geum-gu Busan Metropolitan Government, Busan Metropolitan Government, and without permission.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes to a site photograph, construction ledger of temporary buildings, and building permit ledger;

1. Article 11 of the Building Act applicable to the facts constituting an offense, and Articles 111 subparagraph 1 and 14 (1) of the Act on the Selection of Punishment, and Selection of Fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of the instant crime on the grounds of Article 334(1) of the Criminal Procedure Act is to be mitigated than the summary order by comprehensively taking into account the following circumstances: (a) the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime; and (b) the circumstances after the crime, etc.

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