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(영문) 인천지방법원 부천지원 2016.07.07 2016고단899
건축법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 2015, the Defendant: (a) was divided into 12 households without the permission of the head of Kimpo-si, by means of expanding the boundary walls between households in multi-family houses B located in Kimpo-si, the main owner of which is Kimpo-si; and (b) the number of households existing 2,3, and 4 stories of multi-family houses (443.76 square meters) was divided into 12 households.

Accordingly, the defendant set up several buildings without permission from the competent authorities.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Building ledgers and building status maps;

1. Application of statutes on site photographs;

1. Articles 108 (1) and 11 (1) of the Building Act and Articles 108 (1) and 11 of the same Act concerning criminal facts and the option of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc., are as follows: (a) the conditions favorable to the defendant (a confession, reflectiveness, beginning crime), the circumstances unfavorable to him (a large-scale repair of 12 households near 2.5 times the number of households originally permitted was conducted without permission, and thus the safety, function, environment, and aesthetic view of the building in question is likely to seriously harm the safety, function, environment, and aesthetic view of the building in question; (b) other factors of sentencing as indicated in the instant case, including the defendant's age, sex, living environment, and circumstances after the crime, are considered together, and the punishment is determined as ordered.

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