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(영문) 수원지방법원 2018.01.12 2017고단3395

건축법위반등

Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

On October 2, 2014, the defendant constructed a multi-family house with 4th floor above the ground located D in ignsung City around October 2, 2014.

A person who intends to construct or repair a building shall obtain permission from the head of the competent administrative agency, and in cases of extension, remodeling, or reconstruction, the total floor area of which does not exceed 85 square meters, if he/she files a report with the head of the competent administrative agency in advance, he/she shall be deemed to have obtained a building permit, and in cases where the exclusive area per household is not more than 60 square meters, the number of parking lots per household shall be installed

Nevertheless, the Defendant, without obtaining permission on November 201, 2014, built a 2 multi-family house from 2 to 5 households, 3 to 5 households from 2 households, 4 to 1 household from 2 households, and 4 to 2 households, and installed a wall, entrance, etc. on a rooftop without filing a report, extended 2 multi-households (49 square meters in floor area) and installed an additional parking lot other than the existing 7 parking lots.

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement prepared by the defendant;

1. The application of Acts and subordinate statutes to the general building ledger, the current status of buildings, the request for investigation cooperation (related to illegal acts committed on several divided courses), and photographs;

1. Articles 108(1), 11(1), and 111 subparag. 1 and 14(1)1 of the former Building Act (Amended by Act No. 14016, Feb. 3, 201); Articles 29(1)1 and 19(1) of the Parking Lot Act for criminal facts

1. Selection of each alternative fine for punishment (the initial crime, confession, reflectivity, and partial restoration from original state);

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. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. Of the multi-family houses in this case, the part on which the defendant extended among the multi-family houses in this case shall have an external entrance, but no bathing room or kitchen shall be installed so that each household can reside independently.