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(영문) 인천지방법원 2017.11.02 2017고단6533

건축법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

A person who intends to construct or repair a building shall obtain permission from the Mayor, etc.

Nevertheless, the Defendant, from February 10, 2017 to August 18, 2017, extended the number of 5 households with the aggregate of 2 stories, 3 stories, and 4 stories to 15 households among the above buildings located within the urban area, without permission, from his own building located in Nam-gu Incheon Metropolitan City, Nam-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A written accusation;

1. Investigation report (verification of the status of large-scale repair);

1. Application of statutes on site photographs;

1. Relevant Article 108 (1) and Article 11 (1) of the Building Act, the selection of punishment for a crime, and the selection of imprisonment with prison labor;

1. The grounds for sentencing under Article 62(1) of the Criminal Act (i.e., sentencing in consideration of the following factors) are primary offenders and reflects the suspended sentence. However, the substantial scale of substantial repair without permission has not been permitted or has not yet been restored to the original state, taking into account the motive and background of the crime, character and conduct of the defendant, environment, etc.