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(영문) 인천지방법원 2014.07.17 2014고단3442

건축법위반

Text

Defendant shall be punished by a fine of KRW 6,000,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the owner of a multi-family house in the Nam-gu Incheon Metropolitan City C.

A person who intends to construct or repair a building in an urban area shall obtain permission from the competent authority.

Nevertheless, the Defendant, without obtaining permission from the competent authority on December 2, 2013, repaired the above building by extending a total of 12 households (area 325.82 square meters) to six households, four stories, four stories, four stories, and twelve stories.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Application of Acts and subordinate statutes on the current status of unlawful buildings;

1. Relevant legal provisions concerning criminal facts, Articles 108(1) and 11(1) of the former Building Act (amended by Act No. 12246, Jan. 14, 2014; hereinafter “former Building Act”), the selection of fines (it is not possible that the defendant has not been restored to its original state so far; however, the defendant is also obliged to restore to its original state as soon as possible; the defendant has no same and serious criminal record; the defendant does not have any same kind of criminal record; and his/her mistake is divided in depth)

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

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