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(영문) 춘천지방법원 원주지원 2013.05.21 2013고정111
건축법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. A person who intends to construct or repair buildings shall obtain permission from the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu;

Nevertheless, on August 2012, the Defendant constructed one 10.97 square meters on the ground of the total floor area of 110.97 square meters in Haju-si without obtaining a construction permit.

2. A person who intends to expand a total floor area of not more than 85§³ shall file a report with the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu in advance.

Nevertheless, on February 27, 2013, the Defendant extended the first floor of the building (2.65 square meters of floor area) without filing a construction report, and installed a entrance, and extended the second floor (37.5 square meters of floor area) and extended the total floor area of 40.2 square meters.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement, written statements, photographs on the scene of violation, and photographs on the status of violation;

1. Article 108 (1) and Article 11 (1) of the Building Act applicable to criminal facts and Article 108 (1) of the Act on the Selection of Punishment and Punishment (Unauthorized Building Construction, Selection of Fine) and Article 111 subparagraph 1 of the Building Act and Article 14 (1) 1 of the Building Act (the occupation of expanding the unreported building and the selection of fine);

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up long-term punishments);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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