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(영문) 인천지방법원 부천지원 2013.11.08 2013고단2555
건축법위반
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is the actual manager of a 1st underground floor and a 4th ground reinforced concrete building located in Seocheon-si, Seocheon-si D.

A person who intends to change the purpose of use of a building in an urban area shall obtain permission from the Governor of a Special Self-Governing Province or the head of a

Nevertheless, on November 14, 2012, the Defendant used buildings for cultural and assembly facilities (a total floor area of 1,083.4 square meters) for the purpose of funeral hall without obtaining permission from the head of the Ku-U.S., and changed the purpose of use for funeral hall.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of each police suspect against the defendant or E;

1. Application of the accusation book, each public official's statement, violation scene photograph, career certificate, certificate of employment, and each business registration certificate-related statute;

1. Articles 108 (1) and 19 (2) of the Building Act applicable to the relevant criminal facts;

1. Selection of a selective fine of punishment (all circumstances, such as the confession of the crime in this case and the reflection thereof, the fact that the defendant does not directly change the purpose of use, the fact that the defendant is going to restore to the original state, the fact that the defendant suffers disadvantages in relation to his status when he is sentenced to imprisonment, and the first offender);

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

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. The summary of the facts charged is the actual manager of a building built of reinforced concrete of the first floor and the fourth floor above ground located in Seocheon-si, Seocheon-si.

A person who intends to construct or repair a building in an urban area with no permission shall obtain permission from the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu.

Nevertheless, on November 2012, the defendant removed the walls of the 3 and 4th floor of the above building, which are a fire partition, for the installation of elevator entrance, and arbitrarily dismantled, repaired or altered the fire partition.

(b) Extension, renovation, or alteration of the total floor area of the extension not reported does not exceed 85 square meters;

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