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(영문) 인천지방법원 2017.08.18 2016고정3761
건축법위반
Text

The defendant shall be innocent.

Reasons

1. When the contractor deems it necessary to perform construction works or when he/she is requested by the supervisor of construction works to prepare detailed official drawings on a detailed basis, he/she shall prepare the detailed official drawings and obtain confirmation from the supervisor of construction works, and carry out construction works accordingly;

Nevertheless, Defendant A, the main owner of the building C and the glass constructor, conspired on April 27, 2015, and the construction contractor in charge of construction design and supervision of construction works, was located in the fire prevention district, the building site of the building, and the outer wall of the building should be constructed with a fire prevention 321 chapter 321, and reported it to the construction permitting authority, Defendant A, the main owner of the building, constructed with the mind of the low-price general glass on the ground that the construction cost is increased in the construction of fire-prevention glass.

2. The Defendant and his defense counsel asserted that they were not in violation of the Building Act by constructing a fire-fighting 321 Chapter 321 on the above ground buildings D in Nam-gu Incheon Metropolitan City (hereinafter “instant building”).

3. According to the evidence submitted by the Prosecutor, the Defendant’s fire-prevention glass that the Defendant constructed the instant building after being supplied from Thai light safety glass, is deemed to have been supplied to E, not to be the location of the instant building. However, in light of the following circumstances, the above evidence alone was constructed with general glass in the instant building as indicated in the facts charged.

The recognition is insufficient, and there is no other evidence to prove it.

(1) The quantity of fire-prevention glass stated in the supply confirmation document prepared on April 27, 2015, which was prepared on April 2015, shall be 321; the quantity of fire-prevention glass stated in the supply confirmation document prepared on July 18, 2016, which is the same as the quantity of fire-prevention claimed by the Defendant as 322 (the defendant was shouldered by one head of the glass).

2) The three sides of the instant building are constructed in favor of fire prevention, and the police is not well aware of the two stories, three stories, four stories, and four stories.

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