The pronouncement of sentence shall be suspended.

Punishment of the crime

The Defendant is the owner of the building “D” located in Busan Seo-gu C.

The owner or manager of a building shall have the duty to maintain and manage the site and building facilities, including buildings and landscaping facilities, in conformity with such facilities.

Nevertheless, on October 2012, the Defendant removed 70 square meters of landscaping facilities in the location of the building on a temporary and irregular basis and damaged it.

Summary of Evidence

1. Partial statement of the defendant;

1. E statements;

1. A written accusation;

1. Application of statutes to copies of on-site photographs, general building ledgers, and regulations on the management of landscaping facilities in Busan Metropolitan City (Ordinance No. 1231, 1359);

1. Article 110 Subparag. 7 of the Building Act and Articles 35 (1) and 42 (1) of the Act on the Selection of Criminal Crimes; the selection of fines;

1. A fine of two million won to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (the conversion of 50,000 won into one day) of the Criminal Act into a workhouse;

1. The judgment as to the defendant and his defense counsel's assertion under Article 59 (1) of the Criminal Act (the defendant did not have the same age, and the return trial among the F works for the extension of the first line of Busan Urban Railroad was set at a higher than 40 cm than the factory entrance, making it difficult to enter the vehicle. After the completion of construction on January 9, 2013, the Busan Urban Transportation Corporation requested cooperation on January 9, 2013 to restore the chemical of this case to its original state after the completion of construction, etc.) of the suspended sentence

1. The gist of the assertion is that the Defendant removed 70 square meters of landscaping facilities of the instant building, but there is no intention to violate the Building Act, and constitutes temporary removal. Even after the removal, if the landscaping area was secured more than 1/10,000 square meters of the site area, it cannot be deemed a violation of the said Building Act. Due to the cooperation in access roads due to subway construction, the removal was caused by the subway Corporation after obtaining oral permission from the subway Corporation, and the subway Corporation is expected to remove and restore to its original state during construction hours, and thus, constitutes a justifiable act.