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(영문) 의정부지방법원 2017.11.30 2017고정1594
건축법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who has been constructed with permission from the competent authority on the construction of the Yangcheon-gun C Yang-gun, Gyeonggi-do.

A person who intends to construct or repair a building shall obtain permission from the competent authority, and to change any permitted matter, shall obtain permission for change from the competent authority, and where he/she intends to construct a building, he/she shall keep at least the distance prescribed by municipal ordinance of the local government from the boundary of the site.

On September 2016, the Defendant constructed a fish mooring facility (3,358.13 square meters, 2 dongs) with a view to one meter away from the details of the initial permission without obtaining permission for change from the competent authority, and constructed a fish mooring facility without maintaining a distance of at least 0.5 meters from the boundary of the site, as prescribed by the Ordinance of the Guns, from the boundary of the site.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation, a statement of the details of accusation, a layout map, field photograph, ledger of land and forest land, investigation report (in addition to data on initial building permission);

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 110 Subparag. 2, Article 16 of the former Building Act (amended by Act No. 14016, Feb. 3, 2016; hereinafter the same) on criminal facts; Articles 110 Subparag. 1 and 58 of the former Building Act (amended by Act No. 14016, Feb. 3, 2016; hereinafter the same shall apply); and selection of fines, respectively.

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

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

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows: (a) the Defendant recognized all the criminal facts of the instant case; and (b) appears to have obtained permission for modification by correcting illegal matters after the instant crime; and (c) the circumstances favorable to the Defendant are recognized as normal in favor of the Defendant.

However, the defendant moves the building without permission.

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