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(영문) 인천지방법원 부천지원 2019.07.17 2019고단755
건축법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

Any person who intends to construct or repair a building shall obtain permission from the competent authorities.

Nevertheless, on October 2017, the Defendant divided the two households in the second floor of the above building into five households, five households into five, five, and five, five, and one household in the fourth floor into five, and the total area of 59.9 square meters into five, by dividing one household in the fourth floor of reinforced concrete structure in Kimpo-si B into five.

Summary of Evidence

1. Defendant's legal statement;

1. C's voluntary statement;

1. A written accusation of the Kimpo market;

1. Survey table of actual condition of a building in violation, general building register, and land information;

1. Application of Acts and subordinate statutes to on-site photographs and building status;

1. Article 108 (1) and Article 11 (1) of the Building Act and Articles 108 (1) and 11 (1) of the Act on the Election of Criminal Offenders;

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

1. The crime of this case with the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is a substantial building in order to increase the number of households of multi-family houses without obtaining permission from the competent authorities in urban areas (the so-called “the so-called “the vice-section”) in order to increase the number of households of multi-family houses in urban areas, and the nature of the crime is bad.

Illegal large-scale repair of a building causes not only a significant impact on the structural safety of the building, but also an incidental problem such as the shortage of parking spaces.

The defendant has many records of punishment for the same crime, and the restoration of the building subject to illegal large-scale repair in the judgment is not made, and the defendant has the name of the owner in his/her own name, and is also disadvantageous to the defendant.

However, the amount of substantial repair, the age of the defendant, character and conduct in other decisions, which are considered as favorable to the defendant, such as the fact that the defendant recognizes and reflects his/her mistake, there is no history of punishment exceeding a fine, and that his/her family and persons appeal the preference.

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