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(영문) 인천지방법원 부천지원 2019.08.30 2019고단1099
건축법위반
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

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

Nevertheless, the Defendant: (a) around September 2017, the fourth floor of reinforced concrete structure located in Kimpo-si B, Kimpo-si without obtaining permission from the Kimpo-si market; (b) extended the boundary walls with cement and bricks, etc., 4 households; (c) 2 households on the second floor of the above building; (d) 4 households; and (d) one household on the fourth floor of the above building; and (d) 523.47 square meters in total.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to the accusation site, voluntary statement, fact-finding survey table, field photographs, land cadastre, general building register, and current building status;

1. Article 108 (1) and Article 11 (1) of the Building Act and Articles 108 (1) and 11 (1) of the Act on the Election of Criminal Offenders;

1. The reason for sentencing under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing following the suspended sentence) is that the defendant again committed the instant crime despite the same criminal records, and that the restoration to the original state has not been made until now, etc. are the reasons for sentencing that are not favorable to the defendant

However, the punishment as ordered shall be determined by comprehensively taking into account the following factors, such as the defendant's reflection of mistake, the motive and circumstances leading up to the crime of this case, the contents and degree of the violation, the circumstances after the crime, the age, character and conduct, family relationship, and economic circumstances of the defendant.

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