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(영문) 대전지방법원 천안지원 2016.05.26 2016고정181
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

1. A person who intends to build a building the total floor area of which does not exceed 100 square meters shall file a report with the competent administrative agency;

Nevertheless, on June 2013, the Defendant, without filing a report, constructed a warehouse using a wooden tank in the area of 11.51 square meters in order to use it as a warehouse in the Nam-gu C river site in Nam-gu, Nam-gu, Seoul, Seoul, and constructed a warehouse with a steel pipe in the area of 5.2 square meters in the entrance of a temporary building (container) installed.

2. A person who intends to build a temporary building shall commence construction works after reporting to the competent authority in accordance with the retention period, standards for installation, and procedures prescribed by Presidential Decree.

Nevertheless, without reporting, the Defendant installed a container in the area of 15.18 square meters in order to use it as a temporary accommodation at the same time and place as paragraph (1), and constructed a temporary building by installing a container in the area of 7.2 square meters in order to use it as a warehouse.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Statement of a report on investigation (Attachment of a corrected statement of accusation);

1. Application of video Acts and subordinate statutes to current status photographs;

1. Article 11 subparag. 1, Article 14 of the former Building Act (amended by Act No. 12246, Jan. 14, 2014; hereinafter the same shall apply), Article 111 subparag. 1, Article 111 of the former Building Act (amended by Act No. 12246, Jan. 14, 201; hereinafter the same shall apply), Articles 111 subparag. 1 and 20(2) of the former Building Act (the construction of a temporary building for which no report has been filed, and the selection of fines)

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act is not to be restored to the original state, the defendant has a record of being sentenced to five times a fine due to a different type of crime, on the other hand, there is no record of punishment for the same crime, and there is no record of crime after around 2000, who is a recipient of the National Basic Living Security Act, and all of the crimes are recognized.

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