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(영문) 수원지방법원 2017.06.08 2017고단1887

건축법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On April 5, 2016, the Defendant, as the owner of a detached house of the fourth floor located in Hysung-si B, obtained a building permit, and entered the building in the building ledger after completing the construction work on April 5, 2016, with the total floor area of 4 stories, 590.64§³, 1 stories, 2 households in the second class neighborhood living facilities, 3 stories, 2 households in the second class, and 4 stories.

Nevertheless, the Defendant, without obtaining permission from the competent administrative agency on May 2016, 201, 200 square meters from 2 households to 4 households, 163.69 square meters from 3 stories to 4 households, 163.69 square meters from 2 households to 4 households, and 44.49 square meters from 1 household to 2 households, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. (Temporary Application) An application for approval of use;

1. A general building ledger;

1. Application of the Acts and subordinate statutes governing violations of the Building Act;

1. Relevant Article 108 (1) and Article 11 (1) of the Building Act, the selection of punishment for a crime, and the selection of imprisonment with prison labor;

1. The reason for sentencing under Article 62(1) of the Criminal Act on the suspension of execution is that the defendant in this case was a large-scale repair of the building without obtaining permission from the Office and divided the five households into ten households, and there are unfavorable circumstances, such as the method and content of the crime, and the scale of the illegal building, which are not good in light of the nature of the crime, and the restoration to the original state, etc.

On the other hand, there are extenuating circumstances, such as the defendant's wrong, the defendant's primary offender, and the defendant's nursing the spouse who is administering a disease due to white blood disease.

The sentencing conditions in the records, such as the defendant's age, sexual conduct, environment, motive and circumstance of the crime, and the circumstances after the crime, shall be determined as ordered in full view of the above various circumstances and the sentencing conditions as shown in the records.