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Reasons
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(영문) 청주지방법원 제천지원 2013.06.11 2013고정37
건축법위반
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Defendant shall be punished by a fine of KRW 2,500,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

Defendant,

1. In order to extend a building, an office of 30.09 square meters on the first floor of a building for which a report was obtained from the competent administrative agency in accordance with the provisions of the Act, but around May 2012, an office of 30.09 square meters in the brick structure is extended to the first floor of the building for which approval for the existing use was obtained on the same floor as that of the building; a house of 27.02 square meters in the same structure on the fourth floor of the building; a house of 11.8 square meters in the light-weight structure on the same floor on the same floor on January 2013; and a house of 6.48 square meters in the sandd position panel structure on the rooftop without filing a report;

2. Although the height of a building constructed in a general residential area exceeds 9 meters should have been at least 1/2 of the height of each part of the building from the borderline of the building site in due north direction for securing sunlight, if the maximum height of the building is 10.65 meters as stated in the current status of the building, the building should have been at least 1/2 away from each part of the extended building site to the adjacent site of the neighboring site, but it violated the restriction on the height of the building to secure sunlight, etc. due to the extended part as stated in the above 1.1.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to written statements, field photographs, and ordinary building ledgers;

1. Article 11 subparagraph 1 of Article 11, Article 14 (1) 1 (the occupation of extension of report), Articles 108 (1), 61 (1) (the occupation of violation of the restriction on the height of buildings), the selection of each fine for criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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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