beta
(영문) 수원지방법원 2017.09.07 2017고정1775

건축법위반등

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is the owner of multi-family housing with a total floor area of 589.84m2 in Masung-si.

1. A person who intends to construct or repair a building in violation of the Building Act shall obtain permission from the head of the competent Si/Gun/Gu;

Nevertheless, the Defendant, without obtaining permission from the Sung-si mayor, repaired from October 2015 to October 2010 of the same year by installing an entrance and a bearing wall to two households of the above multi-story housing, and from three to three households of the third floor, respectively, by installing an entrance and a bearing wall to two households of the above multi-story housing from the beginning of October 2015 to the middle of the same year.

2. A person who intends to construct or install multi-household housing in an urban area violating the Parking Lot Act shall install a parking lot inside such facilities or in the site thereof.

Nevertheless, even if the number of households was increased by installing separate entrances and bearing walls on the second and third floors of multi-family housing at the place specified in the above paragraph 1 at the same time, the defendant did not install two attached parking lots.

Summary of Evidence

1. Statement by the defendant in court;

1. Building ledger and ground plan;

1. Notification of the results of verification of illegal substantial repair sites, and photographs of the scene of substantial repair without permission;

1. Application of Acts and subordinate statutes governing the installation and management of parking lots attached to each internal report and harmony;

1. Articles 108(1) and 11(1) (unauthorized large-scale repair) of the former Building Act (Amended by Act No. 14016, Feb. 3, 2016); Articles 29(1)1 and 19(1) (unauthorized installation of an attached parking lot) of the Parking Lot Act for criminal facts;

1. Selection of punishment: Selection of a fine;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.