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(영문) 수원지방법원 성남지원 2017.05.17 2016고정1260

건축법위반

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

A building shall be permitted to construct or change its use, or a report on the construction thereof shall be filed, and a person who intends to use the building after completing the construction work shall file an application for approval of use with the competent authority, and no one shall use or permit the use of the building, notwithstanding the fact that the defendant could not use or permit the use of the building, on March 20, 2015, the defendant occupied the detached house (214.49mm2) of the total floor area (22m2) of the building located in Seongbuk-gu, Seongbuk-gu, Sungnam-si without obtaining approval from the competent authority

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes, such as a letter of accusation against an illegal offender, letter of business trip, field photograph, and resident registration card;

1. Relevant Article 110 subparagraph 2 of the Building Act, Articles 110 and 22 (3) of the Building Act, the selection of fines for criminal facts;

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

1. There are other circumstances that consider the circumstances leading up to the violation of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, and the punishment shall be determined by taking into account the following factors: the Defendant’s age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., as well as the various sentencing conditions under Article 51 of the Criminal Act as stated in the records and arguments.