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(영문) 의정부지방법원 고양지원 2019.08.22 2019고정483

건축법위반

Text

The sentence of punishment against the Defendants shall be suspended separately.

Reasons

Punishment of the crime

A person who intends to construct or repair a building shall obtain permission from a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of

1. Around May 2015, Defendant B extended the floor area of a 237.845 square meters without obtaining permission from the competent authority under the building C in Gyeyang-gu, Gyeyang-gu, Seoyang-gu, Seoyang-gu, Seoul and without permission.

2. Defendant A and Defendant B, an employee of the Defendant, committed an act of violation as described in the above 1. On the date and place specified in paragraph 1.

Summary of Evidence

1. Defendants’ respective legal statements

1. E statements;

1. Application of accusation, on-site photographing statutes;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 112(3) of the Building Act; Articles 108(1) and 11(1) of the former Building Act (Amended by Act No. 13785, Jan. 19, 2016)

B. Defendant B: Articles 108(1) and 11(1) of the former Building Act (Amended by Act No. 13785, Jan. 19, 2016); the choice of fines

1. The type to be suspended;

(a) Defendant A: Fines of one million won;

B. Defendant B: Fines of two million won

1. Defendant B of detention in a workhouse: Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. The Defendants of suspended sentence: Article 59(1) of the Criminal Act (see, e.g., Supreme Court Decision 201Do1448, Apr. 2, 201)