beta
(영문) 수원지방법원 2017.01.25 2016고단7519

건축법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. A person who intends to construct or repair a building for committing a crime at the end of November 2014 shall obtain permission from the competent authority;

On November 2014, the Defendant: (a) around the end of November, 2014, in a multi-family house for the third-story household owned by the Defendant, located in Seosung City, an urban area, the urban area, 5 households with one floor (125.8 square meters); (b) two households with two floors (13.44 square meters in size) with four households; and (c) one household with three floors (130.32 square meters in size) with two households without obtaining permission from the competent administrative agency; (d) in order to increase the number of households with two households, the Defendant planned the number of the buildings by extending the boundary walls between households.

2. A person who intends to construct or repair a building for committing a crime in the middle of April 2015 shall obtain permission from the competent authorities.

On April 2015, the Defendant: (a) in a multi-family house with three-story (131.78 square meters in size) owned by the Defendant, the Defendant, the urban area of Jungsung City, which is a police officer; (b) 2 households with one floor (131.78 square meters in size) with four households without obtaining permission from the competent administrative agency; (c) 2 households with two floors (127.22 square meters in size) with four households; and (d) one household with three floors (128.16 square meters in size) with three households with three household units.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the current status, location and photograph of each act in violation of the Building Act, and applications for approval for use;

1. Article 108 (1) and Article 11 (1) of the Building Act applicable to the facts constituting an offense, and the selection of a fine (i.e., the primary offender, the restoration of the building to its original state, etc.);

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

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;