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(영문) 대구지방법원 안동지원 2013.03.28 2013고정14
건축법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The height of buildings constructed within a general residential area shall be at least 1/2 of the height of each part of the relevant building from the boundary line adjacent to the due north direction in order to secure sunlight, etc., or shall be constructed, repaired, or changed in use.

Nevertheless, around May 201, the Defendant newly constructed C building A and B at a place 11.61 meters away from the borderline of the neighboring site in Ansan-si, a general residential area, and violated the restriction on the height of the building by making a new wall to the external balcony in the above C building A, 501, 502, B, 501, and 502, and making the roof of the board, etc. on July 201.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation and a D statement;

1. The application of Acts and subordinate statutes to the status of violated buildings;

1. Article 108 (1) of the Building Act applicable to the relevant criminal facts and Articles 108 (1) and 61 (1) of the Act on the Selection of Punishment;

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

1. Taking into account such factors as the confession of the reason for sentencing under Article 334(1) of the Criminal Procedure Act, the confession of the reason for sentencing under Article 334(1) of the Provisional Payment Order, the reflection of the violation, the restoration to the original state for three households among four violating households, and the restoration to the original state

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