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(영문) 대구지방법원 김천지원 2019.02.14 2018고단936
건축법위반
Text

Defendant shall be punished by a fine not exceeding seven million won.

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

Reasons

Punishment of the crime

The Defendant is the owner of the “C” in the Gumi-si, Gumi-si, and the above building is the object of fire safety control, which is a building with a total floor area of 1,289.85 square meters on the ground of

1. Violation of the Building Act;

A. Although a person who intends to repair a large-scale building without permission obtained permission from the Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, the Defendant removed and dismantled each bearing wall of the relevant reinforced concrete building without obtaining permission from the two to five floors of the said hotel on November 7, 2016.

B. A person who intends to build an extension building without filing a report is an extension of not more than 85§³ in total floor area, and where the sum of floor areas to be extended in a building with not less than three floors is not more than 1/10 of the total floor area of the building, he/she shall file a report in advance with the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, notwithstanding that the Defendant: (a) around November 7, 2016, extended the 15.06§³ parking lot on the first floor of the hotel; and (b) the 15.81§³ parking lot

2. Although an interested person of an object of fire safety control in violation of the Installation, Maintenance, and Safety Control of Fire-Fighting Systems Act has to appoint a person prescribed by Presidential Decree as a fire safety controller to conduct fire safety control affairs as prescribed by Ordinance of the Prime Minister, the defendant did not appoint a fire safety controller until March 14, 2018, even though D who was appointed as a fire safety controller at the above hotel around May 1, 2017 as a fire safety controller was dismissed from his/her entering the military

Summary of Evidence

1. Defendant's legal statement;

1. Joint control report, illegal building status, report on the violation of the fire-fighting-related statutes, report on special fire safety inspection, report on the appointment of a fire safety controller (as of May 17, 2016), report on the appointment of a fire safety controller (as of March 15, 2018), and enlistment.

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