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(영문) 서울중앙지방법원 2013.09.05 2013노1866
건축법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since a mistake of fact delegated the construction of the fourth floor extension to a construction business operator, the construction business operator had arbitrarily extended the construction procedure in a situation where the husband of the defendant was unable to use his/her mouths due to the relationship of hospitalization at the hospital, and the defendant did not know at all, there was no intention to violate the Building Act.

B. The sentencing of the lower court on the grounds that the sentencing of an unreasonable sentencing (a fine of KRW 1.5 million) is too unreasonable.

2. Determination on the grounds for appeal

A. In light of the following circumstances revealed by the evidence duly adopted and investigated by the lower court regarding the assertion of mistake of facts, namely, ① the Defendant, upon being investigated by the police, stated that “I thought that I would have no superior to the balcony part” of the police officer’s question, “I would like to what reason it has extended without permission,” and the lower court also recognized all the facts charged, and ② the construction business operator did not have any interest in arbitrarily extending without permission without the consent of the Defendant, the owner of the building.

Therefore, this part of the defendant's assertion is rejected.

B. On December 31, 2012, there are extenuating circumstances such as the Defendant’s wrong determination as to the assertion of unfair sentencing, the full payment of the charge for compelling compliance on December 31, 2012, the absence of previous convictions, and the health of the Defendant and her husbands.

However, in full view of the following circumstances: (a) the portion of unauthorized extension has yet to be voluntarily removed; (b) the summary order of KRW 2 million was issued; (c) however, the lower court rendered a reduction of a fine of KRW 1.5 million in consideration of the favorable circumstances in the Defendant; and (d) other various circumstances, including the Defendant’s age, character and conduct, environment, motive and background of the crime, means and methods of the crime; and (e) the circumstances after the crime, etc., the sentence imposed by

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