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(영문) 광주지방법원 2014.11.06 2014고정1830

건축법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is an owner of a site of 309.7 square meters in Gwangju Metropolitan City, and on December 21, 201, with permission from the head of the Gwangju Metropolitan City Mine Office, the Defendant newly constructed one-story building with a total floor area of 184.65 square meters on the said site, and on April 6, 2012, obtained approval for use of the said building for detached houses and retail stores.

Although a person who intends to extend a building or change the purpose of use of a building for which approval for use has been obtained is subject to permission from the head of the competent Gu on June 2012, the defendant, without obtaining permission from the head of the competent Si/Gun/Gu, the head of the Si/Gun/Gu, the head of the Si/Gun/Gu in his/her jurisdiction on the side of the above building located within the urban planning zone, he/she laid up a wall on a prefabricated-type sand position plate to prefabricated-type sand site, and has changed the purpose of use without permission by using 117.5 square meters which is the part for detached house of the first floor of the above building to a restaurant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol against the accused;

1. Demand for correction of the violated building and notification of imposition of the charge for compelling compliance;

1. The ordinary building ledger;

1. Application of Acts and subordinate statutes on the current status and photographs of the violating building, current status of buildings, and field photographs;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Point of construction without permission: Articles 108 (1) and 11 (1) of the Building Act;

(b) Point of change of use without permission: Articles 108 (1) and 19 (2) of the Building Act;

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

1. It is so decided as per Disposition on the grounds of Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).