본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
대전지방법원 2015.07.09 2014노3050

건축법위반

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months and by a fine of five thousand won.

The above fine shall be imposed on the defendant.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (a fine of KRW 15 million) is too unreasonable.

B. The court below’s sentence of the prosecutor (e.g., e., e., e., e., t

2. The prosecutor ex officio made an application for changes in indictment with regard to paragraphs (2) and (3) of the facts charged and the applicable provisions of the Act as follows, and this court permitted the application.

As such, since the subject of the judgment was changed in the trial, the judgment of the court below is no longer able to be maintained.

【Revised Indictment】

2. Around June 2012, a water tank room with a height of 4 meters and a size of 54.72 square meters on the floor of the G 1-dong rooftop in G 2012 without reporting to the competent authority, and a water tank room with the same height and size of the water tank on the above E-site G 1-dong rooftop; and

3. Where anyone intends to make a large-scale repair of a building by modifying any building permit, he/she shall file a report in accordance with the relevant Act and subordinate statutes; where he/she intends to use the building after completing construction works for the building, he/she shall obtain permission from the competent permitting authority; and where he/she is unable to use the building unless he/she has obtained approval for use, he/she shall not use the building; where he/she arbitrarily constructs internal stairs for the space permitted as an internal warehouse of two to four stores within the relevant F site on June 2012, he/she has constructed the connecting passage; and used the building as an accessory warehouse on each floor without filing a report for alteration or obtaining approval for use; and (or

1. Paragraph (2) of the facts charged: Article 111 subparag. 1 and Article 14 of the former Building Act (amended by Act No. 12246, Jan. 14, 2014) shall be construed as “Articles 108(1) and 11(1) of the Building Act”

2. Article 110 subparag. 2, Article 16, and Article 22(3) of the Building Act provides “Article 111 subparag. 1, Article 16, Article 110 subparag. 2, and Article 22(3) of the Building Act”

3. The judgment of the court below on the ground of the above reasons for the reversal of authority, without further proceeding to decide on the grounds of unfair sentencing by both parties.