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(영문) 인천지방법원 부천지원 2013.03.13 2013고정101
주택법위반등
Text

Defendant shall be punished by a fine not exceeding one million won.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who operates a duster in the trade name of "C" located in Kimpo-si B apartment 107, Kimpo-si, and is a person who uses the above apartment house of the commercial building.

Where occupants, users or management entities of multi-family housing intend to newly construct, extend, rebuild, repair, or remodel multi-family housing, they shall obtain permission from the head of a Si/Gun/Gu or report thereon in accordance with the standards, procedures, etc. prescribed by Presidential Decree concerning the area, number of households, ratio of consent to occupants, etc.

Nevertheless, on March 2012, the Defendant installed and expanded the entire public land and the area of about 30 square meters, about 22 square meters, and approximately 22 square meters, in front of the commercial building of the above multi-family housing without obtaining permission or filing a report.

Summary of Evidence

1. Defendant's legal statement;

1. Table of fact-finding surveys on offenses;

1. Current violation;

1. Application of the Acts and subordinate statutes on building ledger;

1. Article 98 subparagraph 6 of the Housing Act, Article 42 (2) of the Housing Act, Article 111 subparagraph 1 of the Building Act, and Article 14 (1) 1 of the same Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment on a violation of the Housing Act with heavier punishment);

1. Selection of an alternative fine for punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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