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(영문) 광주지방법원 2018.12.20 2018고단4285
건축법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who owns a 4-story building with a 190.4 square meter of a building site area of 321 square meters outside of Gwangju-gu, Nam-gu, and operates “C” at that place.

1. Any person who intends to construct a building in violation of the Building Act shall obtain permission from the competent authorities, and the owner or manager of the building shall maintain and manage the landscaping created on the site of the building in compliance with the standards;

Nevertheless, on April 2018, without obtaining permission from the above building, the Defendant extended 33 square meters in residential facilities of Class 2 neighborhood living facilities of Class 1 stories and 108.12 square meters in residential facilities of class 2 neighborhood living facilities of class 2 of the steel structure of one story, and damaged the landscape area by 15.36 square meters in the process.

2. No parking lot attached in violation of the Parking Lot Act shall be used for any purpose other than a parking lot;

Nevertheless, the defendant used four parts of the parking lot attached to the first floor for repair as the second class neighborhood living facilities, and for storage purposes at the time and place of the above 1.1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to photographs of expansion without permission, certified copies of registers, building ledgers, design drawings, and reports on internal investigation;

1. Relevant legal provisions of the Building Act, Articles 108 (1), 11 (1) (unauthorized extension) of the Building Act, Articles 110, 35 (1) (the point of damage to the landscaped area) of the Building Act, Articles 29 (1) 2 and 19-4 (1) (the point of damage to the landscaped area), Articles 29 (1) 2 and 19-4 (1) of the Parking Lot Act, the selection of imprisonment for each crime;

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

1. Although the reason for sentencing under Article 62(1) of the Criminal Act was committed at the same place in 2014, and the punishment for recidivism was not less than 7 million won, the reason for sentencing under Article 62(1) of the Criminal Act was sentenced to a fine, but the punishment shall be determined as ordered in consideration of the fact that the mistake was pened in depth, and that the reinstatement was made;

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