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(영문) 수원지방법원 2018.05.29 2018고단520

건축법위반

Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

The Defendant is the owner of a multi-family house (one story 2 households, two stories, two households, and one household with three stories) with a site area of 249.2 square meters, total floor area of 372.26 square meters, and a building area of 147.84 square meters in a building in a building area in a city in a lusium B, which is located in an urban area.

A person who intends to repair a building shall obtain permission from the competent authority.

Nevertheless, on November 2016, the Defendant repaired 2 households of the first floor into 4 households and 2 households of the second floor into 4 households by means of expanding or dismantling the boundary walls between households in the above multi-family house without obtaining permission for large-scale repair from the light market.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of the provisions of the Building Act to the current status, location and photograph of the act, and application for approval for use;

1. Relevant legal provisions and Articles 108(1) and 11(1) of the former Building Act (amended by Act No. 14016, Feb. 3, 2016) on criminal facts

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

1. The crime of this case for the reason of sentencing of Article 334 (1) of the Criminal Procedure Act on the Provisional Payment Order is a method that the defendant, the main owner of the building, has repaired the building by increasing the number of households in the multi-family house without obtaining permission from the competent authority in the urban area (the so-called "the opening of the bank section"). The nature of the crime is not less than that of the crime, and the defendant's act of committing the crime of this case is not only for his own profit but also for his own profit, and it is necessary to make a strict punishment against the defendant.

However, the punishment as ordered shall be determined by taking into account the following circumstances: (a) the Defendant recognized the instant crime and divided his mistake; (b) the Defendant was the primary offender; and (c) the Defendant’s age, sex, environment, motive, means and consequence of the crime; and (d) other circumstances that form the conditions for sentencing as shown in the record, such as the circumstances after the crime.