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(영문) 청주지방법원 2020.01.30 2019노788
건축법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since the Defendant was unaware of the fact that the lessee C was using an extension without obtaining approval for use, the lower court found the Defendant guilty of the facts charged in the instant case on a different premise, or erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

B. Even if the facts charged of this case are found guilty, considering that the approval of the use was not granted due to the tenant C’s illegal extension, etc., and thereby, the Defendant’s pecuniary damage was enormous, the lower court’s punishment (the fine of KRW 1.5 million) is too unreasonable.

2. Determination

A. As pointed out by the Defendant and the defense counsel, even if the law is the main subject of a mistake of facts or misapprehension of legal principles as to the assertion of mistake of facts or misapprehension of legal principles, it is possible to punish an intentional act in accordance with the principle of the Criminal Act except where there is a clear provision or interpretation that criminal negligence is punishable. However, the following circumstances revealed by the evidence duly adopted and investigated by the lower court and the trial. i.e., the Defendant: (a) around January 26, 2017; (b) around March 5, 2019, the lease term of the entire building located between C and Cheongju-si, the petition-gu, and Cheongju-si, and Cheongju-si (as until March 6, 2017, the Defendant had delivered the two buildings; (c) the extension of the lease contract was already completed; and (c) the Defendant had paid the lease deposit on the date of conclusion of the contract; and (d) the Defendant had paid the entire extension of the lease deposit to the above 2017.

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