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(영문) 수원지방법원 평택지원 2016.02.17 2015고정699
건축법위반
Text

Acquittal of the accused shall be acquitted.

Reasons

1. The Defendant in the facts charged is a person who owns Pyeongtaek-si B 1 and a detached house (hereinafter “the instant detached house”) within a green area, and intends to extend the total floor area of a building by 85 square meters or less, the Defendant shall file a building report with the competent authority.

However, on August 28, 2008, the Defendant did not file a report on extension, extended the lighting structure 2.1 square meters in the instant detached housing building, and did not file a report thereon until now.

2. According to Article 14(1) of the Building Act, the period of extinctive prescription is in progress from the time when the crime was completed (Article 252(1) of the Criminal Procedure Act), and the facts charged in this case is that the Defendant did not report an extension on August 28, 2008 and did not report an extension of 2.1 square meters in the instant detached house building, and then did not report an extension to the present (which was used). Thus, pursuant to Article 14(1) of the Building Act, the prosecutor provided that a report of extension by the owner of a building should be made before the act of extension is performed. Thus, the public prosecutor’s violation of the Building Act, which violated the Building Act, which was reported an extension without filing a report of extension, shall not be deemed to have been prosecuted on the premise that the statute of limitations does not run. However, there is no ground to regard

As such, the criminal act should be deemed to have been completed when the defendant reduced the area of 2.1 square meters of the above tide structure without reporting extension to the competent administrative agency, and the statute of limitations should be deemed to have run from that time.

Article 11 subparag. 1 and Article 14 subparag. 1 of the former Building Act (wholly amended by Act No. 12701, May 28, 2014) are charged by a public prosecutor, who violates the above provision, provides that the owner of a building shall be punished by a fine not exceeding two million won.

According to Article 249(1)5 of the Criminal Procedure Act, since the statute of limitations for a fine is five years, the statute of limitations for a crime constituting the facts charged in the instant case shall be the end of August 2013.

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