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(영문) 전주지방법원 군산지원 2013.03.15 2012고단3008

건축법위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is the owner of a multi-family house outside of Gunsan City C.

A person who intends to construct or repair a building in an urban area shall obtain permission from the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu, and shall file a report when expanding not more than

Nevertheless, on March 2010, the Defendant: (a) 3 households with 263.64 square meters of the floor area of the building in question, which are 263.64 square meters and 3 households with 263.64 square meters of the floor area of the building in question, which are 813.61 square meters in Si, Gun; and (b) substantial repair of the building without permission of the Gun mountain market, such as installation of a boundary wall and entrance, in order to make 4 households with 263.64 square meters of the floor area of the building in question; and (c) extended the 23 square meters of the floor area of the building in question by using a general steel frame and brick

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a general building ledger, building status map, and each investigation report (Attachment to a copy of real estate register, a copy of passbook, and a lease contract);

1. Relevant legal provisions concerning criminal facts, Articles 108 (1), 11 (1) of the Building Act for the selection of punishment (unauthorized substantial repair and election) and Articles 111 subparagraph 1 and 14 of the Building Act for the purpose of crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (to the extent that the maximum amount of the crimes of the above two crimes is aggregated);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant has a deep depth of the error and there is no criminal record for the defendant, and the defendant has recovered from all of the illegal substantial repair and extension.