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(영문) 인천지방법원 부천지원 2017.09.01 2017고단1504
건축법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is the actual owner who constructed a multi-family housing building D in an urban area, Kimpo-si, Kimpo-si, in the name of E.

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

Nevertheless, the Defendant: (a) around August 2016, without obtaining permission from the competent authority at the above place; (b) installed a boundary wall with cement and brick in the building; (c) five households; (d) five households with three floors; and (e) five households with four floors with five households; and (e) one household with four floors with five households; and (e) divided the total of 316.23 square meters into five households.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A written accusation;

1. Correction of the inspection table on actual condition of a building in violation of the Building Act, general building ledger, and accusation against a violator of the Building Act;

1. Application of statutes on site photographs;

1. Relevant Article 108 (1) and Article 11 (1) of the Building Act, the selection of punishment for a crime, and the selection of imprisonment with prison labor;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: The history of punishment for the same kind of crime is only one time, the scale of repair is large, the circumstances favorable to the fact that the crime is recognized, the fact that there is no record of criminal punishment heavier than the suspension of execution, the fact that there is no record of criminal punishment heavier than the suspension of execution, and other various sentencing conditions shown in the records and arguments, including the motive and background of the crime, the means of the crime, the circumstances after the crime, the health conditions, etc

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