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(영문) 수원지방법원 2014.03.20 2013고정3526

건축법위반등

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 house located in Osan-si B in Gyeonggi-do.

1. A person who intends to construct or repair a building shall obtain permission from the competent authorities, and a person who constructs a building in an urban area shall establish an annexed parking lot inside the facilities or on the site thereof;

Nevertheless, on April 2012, the Defendant had not installed 0.7 parking spaces per household in accordance with the increased number of households of the said house, while making a large-scale repair by dividing the two-story detached housing into two households without the permission of the competent authority.

2. A person who intends to extend, rebuild, or rebuild a temporary building, the total floor area of which does not exceed 85 square meters, shall file a report with the competent authority;

Nevertheless, the defendant, without reporting to the competent authorities on October 2012, extended 40.50 square meters on the rooftop of the above house, without permission, on the assembly-type panel building without permission, and constructed 2 54 square meters without permission, which is a temporary building.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Application of Acts and subordinate statutes to a written accusation;

1. Relevant provisions of the Building Act concerning criminal facts, Articles 108 (1), 11 (1) ( point of large-scale repair of an unauthorized building), subparagraph 3 of Article 110, Article 20 (2) of the Building Act ( point of construction of a temporary building without permission), Articles 111 subparagraph 1 and 14 (1) 1 of the Building Act ( point of extension of a report), Articles 29 (1) 1, 19 (1) and (3) of the Parking Lot Act ( point of violation of the installation of an annexed parking lot), and each selective fine;

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

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.