beta
(영문) 수원지방법원 2017.08.25 2017고단3394

건축법위반

Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

On July 18, 2014, the Defendant built a multi-family house with the fourth floor above the ground located in the C in the G when it was commercialized.

A person who intends to construct or repair a building shall obtain permission from the head of the competent administrative agency.

Nevertheless, on July 2014, the Defendant, without permission, repaired the 2nd apartment house from 2 to 5 households, the 3th floor from 2 to 5 households, and the 4th floor from 1 to 2 households.

Summary of Evidence

1. Statement by the defendant in court;

1. A general building ledger and a current building status map;

1. Application of the photographic Acts and subordinate statutes;

1. Article 108(1) and Article 11(1) of the former Building Act (amended by Act No. 13785, Jan. 9, 2016); the choice of fines for criminal facts; and the choice of fines.

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant's crime of this case, the reason for sentencing, the degree of substantial repair, the defendant's failure to restore the building up to now to its original state, the reason that the defendant could not restore the building up to its original state, and the defendant's continued to be subject to compulsory payment until the time of the restoration of the building of this case. The defendant's age, sex behavior, environment, family relationship, motive and circumstance of the crime, etc. are comprehensively considered in light of all the sentencing conditions stated in the arguments of this case, such as the defendant's age, sexual behavior, family relation, motive