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(영문) 인천지방법원 2016.07.01 2016고단3137

건축법위반등

Text

A defendant shall be punished by imprisonment for six 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

The suspect is the owner of the interest of the building owner in Seo-gu Incheon Metropolitan City.

1. Violation of the Building Act;

(a) Any person who intends to construct or repair a building on a large scale shall obtain permission from the competent administrative agency;

Nevertheless, the suspect, without the permission of the competent authorities, changed the boundary wall of the Category A from the above location on October 2015 to the 2nd household of the second floor, extended the 2nd household of the third floor, and the 2nd household of the fourth floor to the 6th household.

(b) Where it is intended to extend, rebuild or rebuild an area not exceeding 85 square meters in total floor area, permission from the competent administrative agencies shall be obtained;

Nevertheless, the suspect did not obtain permission, and around October 2015, the roof was covered by the outside the fourth floor of the building and 21.82 square meters.

2. A criminal suspect violating the Parking Lot Act has expanded the number of households by making a large-scale repair without permission.

When it is intended to construct neighboring living facilities in an urban area, parking lots shall be installed inside such facilities or on the site therefor.

However, after making a large-scale repair without permission, the suspect constructed the building without installing the attached parking lot according to the increase in the number of households (six households).

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A written accusation;

1. Application of statutes, such as site photographs, general building ledgers, etc.;

1. Relevant legal provisions of the Building Act concerning criminal facts, Articles 108(1), 11(1) (unauthorized large-scale repair) of the Building Act, Articles 111 subparag. 1, and 14(1)1 (a) of the Building Act, Articles 29(1)1, and 19(1) of the Parking Lot Act, and Articles 108(1) of the same Act concerning the selection of punishment for criminal facts, and the selection of imprisonment, respectively;

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 suspended execution (see, e.g., Article 62 (1) of the Criminal Act (see, e., Supreme Court Decision 2009Da15488