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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 대전지방법원 2015.07.02 2014노3426
건축법위반등
Text

The appeal by the prosecutor is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of 6 million won) of the original judgment is unreasonable, because it is too uneasible.

2. The crime of this case is unfair because the defendant's multi-family house of 6 households without permission is substantially repaired or extended into a multi-family house of 11 households, and the parking lot therefor is not installed. Thus, in the case of a building illegally repaired or extended without permission, there is a risk of collapse of the building itself, not only the fire extinguishing facilities and emergency equipment are not properly installed, but also the building may be vulnerable to fire using highly inflammable materials, and the crime of violating the Parking Lot Act causes social problems, such as serious shortage of parking lots in urban areas due to the crime of violating the Parking Lot Act, and inconvenience to pedestrians, etc.

However, considering the following: (a) the Defendant’s mistake is against himself/herself; (b) the primary offender who has no criminal record; (c) the Defendant restored the building to its original state (the trial record No. 22-26 pages); (d) the Defendant’s expansion of the number of households through the so-called “inter-family house” in a large number of neighboring multi-family houses at the time of the instant case was more active; (b) the permitting agency was able to easily detect it; (c) the Defendant’s illegal construction practices were easily accepted; and (d) other sentencing conditions, such as Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, are unreasonable.

3. The final appeal by the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the final appeal by the prosecutor is groundless. It is so decided as per Disposition.

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