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(영문) 광주지방법원 2014.11.05 2014고정1675

건축법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is the owner of the first floor building in Gwangju Northern-gu C.

On May 2013, the Defendant did not report to the competent administrative agency on the first floor of the building located within the urban planning zone, and extended a building with a floor area of 38 square meters on the first floor of the building located within the urban planning zone.

Summary of Evidence

1. Defendant's legal statement;

1. Urging to correct illegal buildings and notifying the imposition of charges for compelling compliance;

1. Application of the photographic Acts and subordinate statutes;

1. Subparagraph 1 of Article 111 of the Building Act and Article 14 (1) 1 of the same Act concerning criminal facts;

1. Although the reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act are without the same criminal history for the defendant, and the defendant’s economic situation is difficult, the enforcement fine and fine are different in nature and cannot be exempted from criminal punishment due to the payment of enforcement fine. Notwithstanding the enforcement fine scheduled to be imposed until the removal of the building of this case, the defendant decided to continue to use the illegal extension of the building of this case, and the removal of the illegal extension of this case has not yet been made yet, taking into account the following factors: (a) the size of the illegal extension part, equity with similar cases, etc., the amount of fine determined by the