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(영문) 수원지방법원 2018.06.14 2018고단2324
건축법위반
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

The Defendant is the owner of multi-family house (one-story 2 households, two-story households, and three-story households) with three-story buildings with a site area of 286.5 square meters, total floor area of 428.23 square meters, and building area of 160.8 square meters in a building area in a city area in a lusium B, which is located in an urban area.

A person who intends to repair a building shall obtain permission from the competent authority.

Nevertheless, on October 4, 2016, the Defendant has repaired 2 households of the first floor to 4 households, 2 households of the second floor to 4 households, and 3 households of the third floor to 2 households by means of expanding or dismantling the boundary walls between households in the above multi-family house without obtaining permission for large-scale repair from the mayor of the light market.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a written accusation (including attached documents);

1. Relevant legal provisions and Articles 108(1) and 11(1) of the former Building Act (amended by Act No. 14016, Feb. 3, 2016) on criminal facts

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

1. The crime of this case on the ground of sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment is a method by which the defendant, the main owner of the building, extended the boundary walls between households in the multi-family house without obtaining permission from the competent authority in the urban area (the so-called "the opening of the boundary walls"), and the nature of the crime is not easy, and the defendant's act of committing the crime of this case is not only for his own profit but also for his own profit, and it is necessary to make a strict punishment against the defendant since the defendant did not restore to its original state until now.

However, in consideration of various circumstances, such as the defendant's age, sex, environment, motive, means and consequence of the crime in this case and the circumstances after the crime, the punishment as ordered shall be determined by taking into account the following circumstances: (a) the defendant recognized the crime in this case; (b) the defendant has not been punished for the same crime in this case; and (c) the defendant has no record of being punished for the same crime in this case;

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