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(영문) 대전지방법원 천안지원 2016.08.12 2016고정318
건축법위반
Text

The sentence against the accused shall be determined by a fine of two million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant is the owner of a building with C detached Housing C, D detached Housing C, 86.38 square meters, E detached Housing E, 86.70 square meters.

No project owner may use or allow anyone to use a building unless he/she has obtained approval for use.

Nevertheless, the Defendant, without obtaining approval from the competent authorities, occupied and used F in the above C detached Housing on October 2015, and occupied and used G and H in the above D and E detached Housing on November 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Relevant Article 110 of the Building Act and Articles 110 subparagraph 2 and 22 (3) of the same Act, the selection of fines for criminal facts, and the selection of fines for negligence;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include the type and degree of the instant crime; the Defendant has no record of criminal punishment; the Defendant obtained approval for use of all detached houses after the commission of the crime; and some of the circumstances seems to be reasonable in light of the circumstances indicated in the instant trial, including the Defendant’s age, sex, and environment; and the sentence is determined as ordered by taking full account of all the circumstances indicated in the instant trial including the Defendant’s age, sex, and environment.

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