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(영문) 의정부지방법원 고양지원 2015.05.29 2015고정298

건축법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

A project owner who constructs a building on a site with an area of at least 200 square meters shall conduct landscaping and take other necessary measures in accordance with the standards prescribed by municipal ordinance of the relevant local government in accordance with the scale of the specific use area and the building, and the owner or manager of the building shall maintain and manage the building, site, etc.

On November 21, 2013, the Defendant constructed a neighborhood living facility, etc. located in Bupyeong-gu Incheon Metropolitan City, Incheon, with a total floor area of 1856.45 square meters, and obtained approval for the installation and use of 59.94 square meters on the above site, and thereafter, it is necessary to maintain and manage the landscaping status as it is. However, at that time, the Defendant removed the above landscaping facility and violated the management obligation by using

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to the ordinary building ledger and accusation ledger;

1. Relevant Article of the Act on Criminal Facts and Articles 110 subparagraph 7, 35, and 42 of the Building Act which choose the penalty for a crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order was known to be illegal, the defendant removed landscaping facilities in order to use them as a parking lot, and there was a record of being punished six times from around 1995 to 2003 by a fine for violating the Building Act.

After the instant case, the Defendant completed restitution.

In addition, the conditions of sentencing, such as the age, character and conduct, family relations, criminal records, the circumstances of this case, and the progress thereafter, shall be determined as the same sentence as the order.