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(영문) 광주지방법원 해남지원 2015.10.29 2015고단280
건축법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Any person who intends to construct a temporary building in a planned urban, military planning facility or planned urban or Gun facility shall obtain permission from the head of the competent Si/Gun/Gu;

Nevertheless, on March 2014, the Defendant, without obtaining permission from the head of Gun, which is the competent administrative agency, built a steel pipe structure temporary building with the floor area of 180 square meters for the use of water play and safety supplies rental stores on three lots, such as Donnam-do, Donnam-do, Donnam-do, E, and F, located within the urban planning zone, and 80 square meters out of E forest.

2. When using any State property in violation of the State Property Act, the head of a central government agency shall submit an application for permission to use administrative property to obtain permission therefor from the head of the central government

Nevertheless, the Defendant did not follow the procedures and methods prescribed in the State Property Act, but constructed a temporary building of the steel pipe structure as described in the foregoing paragraph (1) with respect to 80 square meters among the Donnam-do Donnam-do D forest land from March 2014 and used it by the method of owning the above building.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement to G, H, I, J, and K;

1. Copies of the land cadastre, forest land cadastre, and full registered matters;

1. A certified copy of cadastral map or forestry map;

1. On-site photographs of construction sites of temporary buildings, current status of buildings, and photographic sites of 2014;

1. A list of the documents to be submitted by the plaintiff and the documents to be submitted by the plaintiff, a written judgment ( South Korea Assistance 2012 group 6032), a copy of the complaint ( South Korea Assistance 2012 group 6032 group 6032);

1. The application of Acts and subordinate statutes to investigation reports (l-related complaint and a copy of enforcement protocol);

1. Relevant Article 110 subparagraph 3 of the Building Act, Article 110 and Article 20 (1) of the Act on the Construction of Unauthorized Temporary Building), Articles 82 and 7 (1) of the State Property Act (the occupation of using State property without permission) and the selection of imprisonment for each sentence concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The Criminal Act, the suspension of execution;

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