beta
(영문) 인천지방법원 2014.01.07 2013고정4365

건축법위반

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the actual owner of the multi-family house with the fourth-story area with the total floor area of 304.88 square meters in Nam-gu, Incheon Metropolitan City, which is an urban area.

1. A person who intends to repair a building in an urban area shall obtain permission from the head of the competent Si/Gun/Gu;

Nevertheless, on November 2012, the Defendant, without obtaining permission from the competent authority, divided and repaired the interior structure of 3 households with a total floor area of 83.44 square meters and a total floor area of 83.44 square meters and a total floor area of 86.8 square meters and a total of 166.8 square meters and a total of 166.8 square meters and a total of 3 households with a total of 4 households into eight households by means of extending or changing the boundary walls of the above building.

2. A person who intends to extend, remodel, or rebuild a building not exceeding 85§³ in total floor area shall report in advance to the head of the competent Si/Gun/Gu;

Nevertheless, on November 2012, the Defendant, without reporting to the competent authorities, set up a wall on the bend floor of the 4th floor of the above building in light of light iron bars, and extended the roof by expanding the total floor area of 13 square meters by aground.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Relevant provisions of the Building Act and Articles 108 (1) and 11 (1) of the Building Act, each of the choice of punishment for criminal facts, and the selection of punishment (unauthorized substantial repair, selection of fines), Article 111 subparagraph 1 of Article 111 of the Building Act, and Article 14 (1) 1 of the Building Act (unreported points and selection of fines);

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

1. Articles 70 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;