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(영문) 의정부지방법원 2021.03.24 2020고단6953
건축법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

A person who intends to construct or repair a building shall obtain permission from the Special Self-Governing City Mayor, the Special Self-Governing Province or the head of a Si/Gun

Nevertheless, on April 2019, the Defendant made a large-scale repair of the 2nd floor to 6 households, 3rd floor units to 6 households, 4th floor units to 3 households, and 0 households to 2 households, respectively (total floor area of 496.13 square meters) in multi-family houses and 1st class neighborhood living facilities (total floor area of 521.98 square meters) located in Yangju-si, which are urban areas, in the manner of "one-person openings, such as where walls are installed inside the building and partitions are divided into partitions," without obtaining permission for the large-scale repair of the building (total floor area of 521.98 square meters).

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the charge book, investigation report on illegal acts, and general building ledger;

1. Article 108 of the Building Act applicable to the facts constituting an offense and Articles 108 (1) 1 and 11 (1) of the Act on the Selection of Punishment)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the Defendant appears to be against the recognition of the instant crime; (b) the Defendant is the primary offender; and (c) the Defendant is making efforts to restore the original state; and (d) other factors such as the Defendant’s age, sexual conduct, environment, method and circumstance after the commission of the instant crime, etc., taking into account all the sentencing conditions specified in the pleadings of the instant case, such as the Defendant’s age, sexual conduct, environment, method

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