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(영문) 전주지방법원 정읍지원 2016.08.25 2016고단222
건축법위반
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Any person who intends to construct or repair a building outside an urban area shall obtain permission from the Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si

Nevertheless, the defendant is a person engaged in the livestock industry without obtaining permission from the head of the competent authority, and without obtaining permission from the head of the Si/Gun.

1. Around November 2012, 201, in two parcels, other than the Go Chang-gun B, and two parcels, where a pole is drawn up with a steel pipe, extending a building (friend) equivalent to approximately KRW 513.6 square meters of the height of the steel board to cover the roof with the steel position panel;

2. From April 2014 to May 5, 2014, at the same place as paragraph 1, a steel-frame pole was established to connect the pre-existing wells with the pre-existing wells, and a building of approximately KRW 79.12 square meters and a building of the size of 120.0 square meters in front of the pre-existing wells, respectively, was extended in the same manner as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on the current status of illegally extended buildings and the results of business trips;

1. Application of the Acts and subordinate statutes on the building ledger;

1. Article 110 of the Building Act applicable to the facts constituting an offense and Article 110 subparagraph 1 and Article 111 (1) of the same Act applicable to the selection of punishment (excluding punishment);

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 reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the Defendant’s primary offender; and (b) the Defendant’s mistake reflects the Defendant; (c) the conditions for sentencing favorable to the Defendant; (d) the extension of the permitted permission of this case was not small; and (e) the Defendant did not make any effort to restore the original state; and (e) the conditions for sentencing unfavorable to the Defendant, including the Defendant’s age, sex, conduct, environment, motive and circumstance of the crime; and (e) the various conditions for sentencing as shown in the instant pleadings, including the circumstances after the crime, etc.

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