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(영문) 춘천지방법원 2018.11.22 2018고단660

건축법위반

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Any person who intends to change the purpose of a building, the use of which has been approved for use in an urban area, into a group of superior military business facilities in the group of living facilities near a subordinate military person, shall obtain permission from the Chuncheon Mayor.

Nevertheless, on May 2017, the Defendant used the first floor (628.93 square meters) and second floor above ground (368.73 square meters) located in Chuncheon-si B, which is a neighboring living facility, as military sports facilities, and changed the purpose of use as military sports facilities without obtaining permission from the Chuncheon-si Mayor.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. The application of Acts and subordinate statutes to an accusation, a voluntary statement, a statement of business trip, and an unlawful status;

1. Relevant Article 108 (1) and Article 19 (2) of the Building Act concerning facts constituting a crime and Articles 108 (2) of the same Act concerning the selection of punishment;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act appears to have shown the attitude of the Defendant as opposed to his criminal act, including the fact that there is no criminal history of the same kind of crime, there is no record of criminal punishment more than imprisonment, the alteration of use of part of the first floor after the instant crime was completed, and the second floor appears to have been closed to be used as a nearby living facility, which is the previous usage, in favor of the Defendant.

However, without permission of the Chuncheon market, the defendant changed the use of neighborhood living facilities to sports facilities, which are business facilities, and the area of such facilities is not significant, which are disadvantageous to the defendant.

In addition, the punishment as ordered shall be determined by comprehensively taking into account all the circumstances, such as the defendant's age, sex, environment, motive and background of the crime, the result of the crime, and circumstances after the crime.