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(영문) 인천지방법원 2015.06.11 2015고정1679

건축법위반등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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 with a total floor area of 444.84 square meters on the ground located in Seo-gu, Incheon, which is an urban area and a district unit planning zone, and any person shall obtain permission from the head of a Si/Gun/Gu in order to repair a building in an urban area, and to construct a building in a district unit planning zone, he/she shall comply with such district unit planning, and only three households per parcel shall be constructed in the area.

Nevertheless, on April 2014, the Defendant: (a) destroyed part of the concrete walls of the third floor of the above building in violation of the district unit plan without obtaining a building permit from the head of the Seo-gu Incheon, Incheon; and (b) repaired the building in a way that the number of households of the above multi-family house increases from three to four households by preventing the entrance door of the boundary wall between households of the above multi-family house by stone studing, etc.

Accordingly, the defendant constructed a building that does not meet the district unit plan without obtaining permission from the head of Seo-gu as a building owner of the above building.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Investigation report (on-site investigation of a building);

1. Investigation reports (Cheongra Management, Working-Level C telephone conversations, and replys to related documents);

1. Application of the Acts and subordinate statutes on the written accusation;

1. Relevant provisions of the Act on Criminal Facts, Articles 108 (1) and 11 (1) of the Building Act on the Selection of Punishment, Articles 141 (3) and 54 of the National Land Planning and Utilization Act, and the selection of fines, respectively;

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

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.