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(영문) 대전지방법원 2017.02.09 2017고정70
건축법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the owner of a forest with a square meter C 172 square meters, Seo-gu, Daejeon, which falls under an urban area or a natural green area ( neighboring parks).

1. A person who intends to construct or repair a building in an urban area that violates the Building Act shall obtain permission from the head of the Si/Gun/Gu;

Nevertheless, on November 201, 201, the Defendant constructed a residential house without permission from the competent authorities, using the prefabricated type panel in a forest area of 172 square meters, Seo-gu, Daejeon, Seo-gu, Daejeon.

2. Anyone who intends to build any facility, building or structure in any urban park that violates the Act on Urban Parks, Greenbelts, etc. shall obtain permission to occupy and use from the head of a Si/Gun/Gu who manages such urban park, as prescribed by Presidential Decree;

Nevertheless, the defendant, without obtaining permission from the competent authority, built residential housing by using the assembly-type board as described in paragraph (1) and occupied urban parks without permission.

Summary of Evidence

1. Statement made by the prosecution with regard to D;

1. A written accusation and a D statement;

1. Each written confirmation of E and F;

1. Attachment of the official document to be submitted by the accuser, hearing of the statement by the reference person, reporting on the results of business trips at the site of an accusation against illegal building in G park, and applying statutes attached to the land use planning committee

1. Relevant Article 108 (1) and Article 11 (1) of the Building Act, Article 53 subparagraph 2 of the Urban Park, Green Areas, etc. Act, and the proviso to Article 27 (1) 1 of the Act on the Management of Urban Parks, Greenbelts, etc., concerning facts constituting an offense;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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