beta
(영문) 인천지방법원 부천지원 2018.11.14 2018고정698

건축법위반

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is the owner of a building in Kimpo-si C.

A building owner cannot use or use the building unless he/she obtained approval for use. However, the Defendant occupied and used the building without obtaining approval for use on July 19, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the police statement made to D;

1. Application of Acts and subordinate statutes to survey the actual condition of buildings in violation, on-site photographs, and E-sale contract;

1. Relevant Article 110 subparagraph 2 of the Building Act, Articles 110 and 22 (3) of the Building Act, the selection of fines for criminal facts;

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

1. The grounds for sentencing under Article 59(1) of the Criminal Code (200,000 won in penalty, KRW 500,000 in prison, and KRW 100,00 in prison) of the suspended sentence are recognized and against the defendant's mistake.

There is no criminal history prior to the instant case.

There are circumstances that do not seem to be a malicious violation of the law and can be considered.

It seems that the same does not apply to recidivism.

Taking into account the equity in sentencing with the defendants of similar cases.