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(영문) 수원지방법원 2013.10.23 2013고단4338

건축법위반

Text

A defendant shall be punished by imprisonment for not more than four months and a fine not exceeding 500,000 won.

If the defendant fails to pay the above fine, 50.

Reasons

Punishment of the crime

The defendant is the owner of the fourth-story building in Suwon-si, Suwon-si, and is the owner of the building.

1. A boundary wall shall be installed on the second floor (95.04 square meters) and three floors (95.04 square meters) of the foregoing housing on or around April 2011 without permission of the competent authority, and one household on each floor shall be divided into three households and substantially repaired;

2. The use of a part of 41.04 square meters on the first floor (72.96 square meters) of a building belonging to a neighborhood living facility group at the date, time, and place specified in paragraph (1) for a house belonging to a lower military service facility group, without reporting to the competent authority;

3. The balcony part (9.90 square meters) on the fourth floor of the building was extended to a light metal structure without reporting to the competent authority and at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. A written accusation;

1. Application of Acts and subordinate statutes, such as photographs of violated buildings;

1. Relevant legal provisions concerning criminal facts, Articles 108 (1), 11 (1) of the Building Act that choose a punishment (the point of substantial repair of a building, the choice of imprisonment), Articles 108 (1) and 19 of the Building Act, subparagraphs 1 and 14 of Article 111 of the Building Act (the point of extension of report);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (including reflective crimes, criminal records, etc.);

1. Social service order under Article 62-2 of the Criminal Act;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;