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(영문) 인천지방법원 부천지원 2017.10.20 2017고단1933

건축법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

Any person who intends to construct or repair a building shall obtain permission from the competent administrative agencies.

Nevertheless, on February 2017, the Defendant divided 2 households of the area of 131.24 square meters on the second floor of the building into 5 households, 2 households of the area of 131.24 square meters on the third floor of the building, into 5 households, and 128.25 square meters of the area of 128.25 square meters on the fourth floor of the building, into 2 households, by dividing one household of the area of 128.25 square meters on the fourth floor of the building, into 2 households, without obtaining permission from the head of Kimpo-si, from the 4th floor of the steel structure near the building located in Kimpo-si.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Survey report on the actual condition of a building in violation, building ledger, and building status map;

1. A written accusation;

1. Application of statutes on site photographs;

1. Article 108 (1) and Article 11 (1) of the Building Act applicable to the relevant criminal facts, and Articles 108 (1) and 11 (1) of the Act on the Selection of Punishment, etc.;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The amount of repairs is large, circumstances favorable to the failure to restore to the original state: Recognizing and reflecting a crime, having no record of criminal punishment, and taking into account the motive and circumstance of the crime, the means of the crime, the circumstances after the crime, and the similar cases, etc., and determining the punishment as per the disposition.