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(영문) 서울서부지방법원 2016.11.04 2016고정1168
건축법위반
Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is the actual owner of the 7th ground reinforced concrete building (1,954m2, a total floor area) on the 1st underground floor located outside Mapo-gu Seoul Metropolitan Government.

1. On October 30, 2013, the Defendant changed the 4th floor office (265.15 square meters), which is a neighborhood living facility, from among the above buildings, into a residential room (nine households) without reporting to the competent authority.

2. On October 30, 2013, the Defendant violated the duty to maintain and manage buildings, without permission, removed the rooftop landscaping facilities (19.6 square meters) and one story landscaping facilities (6.79 square meters) from among the above buildings, and used the part as a resting room and a garbage site.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Relevant Articles 108 (1), 19 (2) of the Building Act for criminal facts, Article 110 subparagraph 7 of Article 110, Articles 35 (1), and 42 (1) of the Building Act for the selection of each fine for negligence;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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