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(영문) 수원지방법원 안산지원 2013.06.28 2013고정454
건축법위반
Text

The defendant shall be innocent.

Reasons

1. The Defendant is the owner of a site C with a wife population C, 328.3 square meters and a single-story house with a ground-based 72 square meters at the time of the instant facts charged.

On April 208, the Defendant did not report to the head of Gang-si Office, he stored a prefabricated-type board in the building site located within the planning management area, laid up a prefabricated-type board, set up a wooden pole and a beam, and newly built a single-story building (72m2) by putting a roof mold into a fake.

2. The burden of proof for the criminal facts prosecuted in a criminal trial for judgment is to be borne by a public prosecutor, and the conviction is to be based on evidence with probative value that makes a judge feel true beyond a reasonable doubt. Thus, if there is no such evidence, the suspicion of guilt is between the defendant, even if there is no such evidence.

Even if there is no choice but to judge the interests of the defendant.

(See Supreme Court Decision 2005Do4737 Decided February 24, 2006. According to Article 2(1)9 of the former Building Act (amended by Act No. 8914, hereinafter the same), "building" means newly building, extending, remodeling, reconstructing, or relocating a building. Under Article 2(1)3 of the Enforcement Decree of the Building Act, "renovation" means to remove all or part of an existing building (including three or more bearing walls, columns, beams, and roof trusses) and reconstruct a building on the site within the same size as that of the previous building. The following circumstances recognized by the Defendant's legal statement and evidence submitted by the prosecutor are as follows: ① the Defendant: (a) the Defendant attached a sand position panel to the wall of the existing building; (b) the existing strings were replaced with one another; (c) the existing strings were replaced with the wall of the building; and (d) the prosecutor made a statement to the effect that it was a wooden pole, and (d) the Defendant's statement was made as a wooden pole.

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