건축법위반
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
Any person who intends to construct or repair a building shall obtain permission from the competent authorities.
Nevertheless, on January 2018, the Defendant divided two households in the second floor of the above building into four households and substantially repaired the total area of 220.02 square meters by four households, by dividing two households in the third floor of the above building into four households, without obtaining permission of the Kimpo market from the fourth floor of reinforced concrete structure in Kimpo-si, Kimpo-si, Kimpo-si.
Summary of Evidence
1. Defendant's legal statement;
1. C's voluntary statement;
1. A written accusation of the Kimpo market;
1. Police investigation report (as to the contents of accusation)
1. A list of the actual condition of the violating building, building register, land cadastre computerized records, etc.;
1. Application of Acts and subordinate statutes to on-site photographs and building status;
1. Article 108 (1) and Article 11 (1) of the Building Act and Articles 108 (1) and 11 (1) of the Act on the Election of Criminal Offenders;
1. Article 62 (1) of the Criminal Act;
1. The crime of this case with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act is a large-scale repair of a building by the method of increasing the number of households in a multi-family house without obtaining permission from the competent authority in an urban area in order to raise rent-making revenue from the owner of the building (the so-called "so-called, the vice versa").
Illegal large-scale repair of a building causes not only a significant impact on the structural safety of the building, but also an incidental problem such as the shortage of parking spaces.
The fact that the defendant has been punished for the same crime, and the illegal building subject to large-scale repair has not been restored to its original state is also disadvantageous to the defendant.
However, it is reasonable to consider the circumstances favorable to the defendant such as the fact that the defendant's mistake is recognized and against the defendant, there are families to support, and that both families and branch people appeal the preference, etc., and record and record the scale of large-scale repair, age, character and conduct, environment of the defendant, motive, means and result of the crime of this case, circumstances after the crime, etc.