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A defendant shall be punished by imprisonment with prison labor for four months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. No owner of a building who violates the Building Act may use or allow another person to use the building unless he has obtained approval for use from the permitting authority;
On March 1, 2013, the Defendant constructed one unit of a steel-frame structure with a light capacity of 96.80 square meters in the building area and one unit of a steel-frame structure with a light capacity of 4 square meters in the building area on the land, Gyeongcheon-gun B and C, and used the building for residential purposes without obtaining approval for the use of the number of the permitted persons.
2. Any person who intends to occupy and use land in a river area that violates the River Act shall obtain permission from the river management authority, as prescribed by Presidential Decree;
Nevertheless, from January 28, 2014, the Defendant used the land D and E, located in the river area from around 28, 2014 to have access to the housing owned by the Defendant and occupied it without obtaining permission from the head of the Busan Regional Land Management Office.
Summary of Evidence
1. Statement of the defendant in the second public trial records;
1. Application of each accusation, field photographing statute;
1. Article 110 Subparag. 2 and Article 22(3) of the former Building Act (Amended by Act No. 12701, May 28, 2014); Article 95 Subparag. 5 and Article 33(1)1 of the former River Act (Amended by Act No. 1294, Jan. 6, 2015); Articles 33(1)1 of the same Act regarding criminal facts; and each choice of imprisonment.
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 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act (see, e., Supreme Court Decisions 201Do141, Apr. 1, 201