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(영문) 수원지방법원 2015.11.20 2014노3199
건축법위반
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

Tluululul facilities installed by the defendant of mistake of facts shall not be applicable to buildings subject to the Building Act.

The sentencing of the lower court on the grounds of unfair sentencing (fine 1.5 million won) is too unreasonable.

Judgment

The Defendant also asserted the same purport in the original judgment, and the lower court rejected the above assertion by explaining detailed reasons in the reasoning of the judgment.

When examining the reasoning of the judgment of the court below in comparison with the evidence duly adopted and examined by the court below, such as witness D’s legal statement and field photo, the judgment of the court below that recognized the facilities installed by the defendant constituted a building subject to the Building Act is just, and there is no error as alleged by the defendant.

The fact that the defendant has no criminal conviction more severe than that of the same criminal conviction or fine than that of the defendant in the judgment of unfair sentencing is favorable to the sentencing.

However, the crime of this case is committed in violation of the Building Act with the aim of securing safety and improving the aesthetic view through administrative regulations that set the structure, equipment standards and usage of buildings, etc., and there is a significant need for punishment. In particular, the structure of this case requires a thorough management and supervision in order to prepare for safety accidents as facilities used by children. The size and size of the structure of the defendant's construction is small, and other sentencing conditions such as the defendant's age, environment, means and method of crime, and circumstances after the crime are considered, it cannot be deemed that the sentence imposed by the court below is too unreasonable.

Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is not reasonable.

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