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(영문) 의정부지방법원 2019.05.29 2019고단1249
건축법위반
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

The Defendant is the owner of multi-family house (one story retail store, two-story household, three-story household, and four-story household) with a site area of 311 square meters, total floor area of 493.105 square meters, building area of 155.695 square meters and four-story building located in B in Yangju-si, which is located in an urban area.

A person who intends to repair a building on a large scale shall obtain permission from the competent authorities, but around the end of June 2017, the defendant made a large scale repair for 15 households by expanding or demolishing the boundary walls between the households of the second and third floor of the above multi-household housing without obtaining permission from the two-story market, and by expanding or dismantling the number of households of the third floor by five households.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes governing an accusation, illegal investigation report, land use regulation information service, building ledger, advance notice of disposition, and corrective order notification; and

1. Article 108 (1) of the Building Act and Articles 108 (1) and 11 (1) of the same Act concerning criminal facts and the selection of fines;

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

1. On July 29, 2016, the Defendant newly built the instant housing upon obtaining permission for construction on July 29, 2016, and committed the instant crime without obtaining permission for large-scale repair on June 14, 2017.

The Defendant stated in the investigative agency that “I wish to rent by studio. I do not grant a license for a large-scale repair.” Even if the Defendant applied for a permission for a large-scale repair, it is highly likely that I would have been aware that I had committed the instant crime even though the illegality of the instant crime was fully recognized.

However, taking into account the fact that the Defendant was punished by a fine for each of the crimes committed on or around the past 2016 and around 2017, no other penalty force exists, the sentence shall be determined as ordered by comprehensively taking into account the sentencing examples of similar cases, the Defendant’s age and character, personality and conduct, family relationship, motive and means of the crime, circumstances after the crime, etc., and various sentencing conditions specified in the records and arguments

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