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(영문) 서울동부지방법원 2013.09.11 2013고정1160

건축법위반

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a constructor, and without obtaining a building permit from the Songpa-gu Office on December 2, 2002, and without obtaining a building permit, and without obtaining a design change permit while constructing seven multi-household houses with a total floor area of five stories above ground 414.61 square meters at 215.40 square meters from the land located in Songpa-gu Seoul Metropolitan Government, Songpa-gu.

1. A building with five floors above the ground from the above date to May 2, 2003 increases by 67.2 square meters above the total floor area permitted 414.61 square meters and is constructed in excess of 192.48 percent in legal capacity of the above building;

2. At the same time, entrances have been installed in the middle of stairs between the fourth and fifth floor of the building, and water tank rooms on the rooftop have been constructed as residential rooms.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (Re-calculated, such as the statutory floor area ratio, etc. of a building which has not been expanded);

1. Inquiries and answers to the fact-finding (whether the charges for compelling the performance of buildings located in Song-gu B are imposed);

1. Application of the Acts and subordinate statutes requesting the marking of violating buildings;

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

A. Crimes under Paragraph (1) of this Article: Articles 78 (1) and 48 of the former Building Act (amended by Act No. 7696 of Nov. 08, 2005), the selection of fines

(b) Crimes under paragraph (2) of the same Article: Article 79 subparagraph 2 of the same Act, Article 10 (1) of the same Act, and the selection of fines;

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

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

1. The portion not guilty for the reason under Article 334(1) of the Criminal Procedure Act of the provisional payment order

1. The summary of the facts charged is that the Defendant constructed the 5th floor above the above building site from December 2, 2002 to May 2, 2003 by increasing 21.26 square meters above the 128.08 square meters of the building area for which permission was granted, and thereby exceeding 59.46 percent of the statutory building-to-land ratio of the above building.

2. The facts charged in the above part of the judgment must be pronounced not guilty pursuant to the latter part of Article 325 of the Criminal Procedure Act because there is no evidence to prove the facts charged, or it is so recognized as guilty of a crime under paragraph (1) of the same Article in which there is