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(영문) 인천지방법원 부천지원 2016.03.22 2016고정121

건축법위반

Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is an owner of 268.3 square meters of land located in Kimpo-si B.

A person who intends to construct or repair a building shall obtain permission from the competent administrative agency.

Nevertheless, on December 201, the Defendant, without permission from the competent authorities, arranged the number of the previous 4 households of the 2,3, and 4 stories (354.86 square meters) on the above site located in the urban area as 17 households.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a written accusation, a voluntary statement, a survey report on the actual condition of a building in violation, a brief plan, a plot of violation floor plan, a table on the size of violation, a general building ledger

1. Article 108 (1) and Article 11 (1) of the Building Act applicable to the relevant criminal facts, and Articles 108 (1) and 11 (1) of the Act on the Selection of Punishment, etc.;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The circumstances in which the sentencing of Article 334(1) of the Criminal Procedure Act (a) of the Criminal Procedure Act is advantageous to the defendant (no criminal record except confession, reflectivity, and one time of a fine), the unfavorable circumstances (it is not good that the risk of considerable harm to the safety, function, environment, and aesthetic view of the building is generated due to large-scale repair of 17 households without permission, the number of households of which is more than four times the original permitted households), and other factors of sentencing as stated in the order of the competent administrative agency, in order to secure the safety, function, living environment, and aesthetic view of the building, the Building Act, in addition to punishment against the offender, shall be determined by taking into account all nationwide factors of sentencing as stated in the instant case, such as the order of correction, enforcement, imposition of compulsory payments, disposition on default, etc. of the same kind of crime, and the degree of punishment for the same crime.