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(영문) 의정부지방법원 고양지원 2019.09.19 2019고정580
건축법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is the owner of the building C(factory) in Gyeyang-gu, Soyang-gu.

A person who intends to construct or repair a building shall obtain permission or file a report with the competent market.

(In the case of extension, remodeling, or reconstruction within the total floor area of 85 square meters, a building permit shall be deemed to have been obtained if a report is filed with the competent Mayor/Do governor, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport) Nevertheless, the defendant, on June 2015, was installed with a steel frame in order to use the Dunyang-gu B building No. 3 in the office use of the Dunyang-gu building No. 2 in the ancient-gu, Goyang-si, Gyeongyang-gu, Seoul, on the date and around June 2015, and installed a stairs that can pass the above.

Accordingly, the defendant increased the number of floors by putting a single-story building into a second-story building and extended it by increasing the total floor area of 118.07 square meters.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Application of statutes on site photographs;

1. Article 108(1) and Article 11(1) of the former Building Act (amended by Act No. 13785, Jan. 19, 2016); the choice of fines for criminal facts;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act are as follows: (a) considering the circumstances revealed in the records and arguments, such as the fact that the defendant was found to commit the crime; and (b) the fact that there are circumstances to consider the circumstances leading to the crime, such as the exercise of time and the manufacture of sales promotion materials containing the phrase that the sales agent is able to take clothes; and (c) etc.

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