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(영문) 수원지방법원 2016.11.10 2016고정2454

건축법위반

Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

The defendant is the owner of the multi-family house B located in the city area in the case of industrialization.

1. A person who intends to construct or repair a building without permission shall obtain permission from the Metropolitan Autonomous City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu

Nevertheless, on August 2015, the Defendant, without permission, changed the first floor (137.55 square meters) of the above multi-family house from 2 households to 4 households, changed the second floor (143.64 square meters) from 2 households to 4 households, and made a large-scale repair of 3 floors (143.64 square meters) from 2 households to 3 households.

2. A person who intends to alter use of a building without reporting shall obtain permission from a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu or report;

Nevertheless, on August 2015, the Defendant, without filing a report, changed the use to a house of 5.86 square meters for the first floor neighborhood living facilities of the above multi-family house.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Police suspect interrogation protocol regarding C;

1. Statement made to D by the police;

1. A written accusation;

1. Investigative report (Submission of suspect C evidential documents);

1. Application of Acts and subordinate statutes to investigation reports (to a loaner of community credit cooperatives and telephone communications);

1. Relevant legal provisions concerning criminal facts, Articles 108 (1) and 11 (1) of the Building Act ( point of unauthorized large-scale repair), Articles 108 (1) and 19 (2) 2 of the Building Act ( point of use without any report), the selection of fines 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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;