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(영문) 서울서부지방법원 2017.12.05 2017고정1518
건축법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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 competent authority.

Nevertheless, on June 20, 2017, the Defendant extended the amount equivalent to 29.56 square meters by using the board part of the above multi-family house in the multi-family house owned by the Defendant in Seodaemun-gu Seoul, Seodaemun-gu, Seoul around June 20, 2017 by making the roof and the wall using the board.

Accordingly, the defendant constructed a building without obtaining permission from the competent authorities.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes to a criminal charge against a violator of the Building Act, a criminal investigation report (as to 29.56 square meters out of the offense, the submission of a corrective order by the Seodaemun-gu Seoul Metropolitan Government Office) and an investigation report

1. Relevant Article 108 (1) and Article 11 (1) of the Building Act concerning facts constituting a crime and Articles 108 (1) and 11 (1) of the same Act concerning the selection of punishment;

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 for the order of provisional payment are the primary offenders, but the defendant has not yet recovered the portion of the extension without permission, seems to have no intention to reinstate, and the amount of fine is determined the same as the summary order, taking into account all the factors for sentencing, including the purport of the Building Act which prohibits the extension without permission.

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