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(영문) 대전지방법원 2015.08.28 2014노3297
건축법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (a fine of KRW 10 million) on the gist of the grounds of appeal is too unreasonable.

2. Determination

A. There are extenuating circumstances, such as the fact that the Defendant did not have any particular criminal record, confessions and reflects the crime, and that considerable number of multi-family houses nearby the time of the instant case where the expansion of the number of households is charactered through the so-called “the so-called “the family register” and the Defendant has easily accepted illegal construction practices.

B. Meanwhile, the instant crime requires strict punishment for the Defendant in light of the following: (a) the Defendant’s large-scale repair or extension of a multi-family house of 7 households without permission into a multi-family house of 16 households and the installation of a parking lot accordingly; (b) the substantial size of the instant crime is not easy; (c) the building itself is likely to collapse if a building is illegally repaired or extended without permission; (d) the building itself may be vulnerable to fire; and (e) the crime of violating the Parking Lot Act may cause social problems due to a serious shortage of parking lots in an urban area due to the crime of violating the Parking Lot Act.

C. The sentence of the lower court is reasonable in light of all the sentencing conditions indicated in the instant case, including the Defendant’s age, living environment, details and consequence of the crime, and circumstances after the crime.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is groundless. It is so decided as per Disposition.

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