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(영문) 대전지방법원 천안지원 2016.09.01 2016고정359

건축법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is Asan-si C apartment 101, 502, 102, 501, 502, 502, 502, 502, 103, 501, and 502 of the boiler rooms in the iasisi-si.

The height of buildings constructed within an exclusive residential area or a general residential area shall not exceed the height prescribed by Presidential Decree according to the distance from the borderline of adjoining sites due north, in order to secure sunlight, etc.

From May 8, 2013 to September of the same month, the Defendant violated the restriction on the height to secure the right to enjoy sunlight, etc. by installing six units, such as the above C Apartment Nos. 101, 501, 502, 102, 501 and 502, 103, 501 and 502, and by installing a boiler room with nine million won from D and 5.06 square meters, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol regarding D;

1. Statement of the police statement regarding E;

1. Each description in the accusation (F), the accusation (G), the accusation (H), the accusation (I), and the accusation (J);

1. Application of Acts and subordinate statutes to investigative reports and telephone communications;

1. Article 108 (1) and Article 61 (1) of the former Building Act (amended by Act No. 12701, May 28, 2014) that provides applicable legal provisions for criminal facts and the choice of punishment for each crime;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order violates the restriction on height in the process of newly constructing a total of six households, the defendant has a record of being sentenced to eight times a fine due to the crime of this species; on the other hand, the defendant has no record of being punished due to the same kind of crime or criminal punishment exceeding a fine; and on the other hand, the defendant's age, character and behavior, environment, etc. are recognized and reflects all of the crimes; and the punishment is determined as ordered by the order