logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.05.04 2016고정584
주차장법위반
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the first-story owner of multi-household C in Seoul Special Metropolitan City.

No person shall use an attached parking lot for any purpose other than a parking lot.

Nevertheless, from December 19, 2014 to December 18, 2015, the Defendant used the attached parking lot (37.32 square meters) on the first floor above the above house for residential purposes, and used the attached parking lot for any purpose other than the parking lot.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Application of Acts and subordinate statutes for field confirmation;

1. Relevant legal provisions of the relevant criminal facts and Articles 29(1)2 and 19-4(1)2 of the Act on the Selection of Parking Lot (Punishment Selection) [including the act of using the attached parking lot for any purpose other than the parking lot] under Article 29(1)2 of the Parking Lot Act include not only the act of changing the attached parking lot directly to a use other than the parking lot but also the case where a successor to the responsibility for managing the attached parking lot that has already been changed for any purpose other than the parking lot continues to use it for the changed purpose.

In addition, the crime of violation of Article 29 (1) 2 of the Korean Parking Lot Act is a so-called continuous crime, and there is a punishment for the previous act of use for any purpose other than the original purpose.

Even after that, insofar as it continues to be used for any purpose other than the original purpose, it may be punished again for the use after the previous trial (see Supreme Court Decision 2005Do7283, Jan. 26, 2006).

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

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

arrow