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(영문) 의정부지방법원 2017.11.02 2017고정1810
건축법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the owner of two lots outside Gyeonggi-gun B and others.

On July 15, 2016, the Defendant: (a) extended a roof to 160 square meters, 506 square meters, a stable of 160 square meters, and 506 square meters, as aground, without obtaining permission from the competent administrative authority, on the above site, located within an agricultural and forest area around 10:00; and (b) extended one warehouse of 9.18 square meters, without filing a report with the competent administrative authority.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation, a written accusation, and field photographs;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 110 Subparag. 1 of the former Building Act and Article 110 Subparag. 1 of the same Act (amended by Act No. 14016, Feb. 3, 2016; hereinafter the same shall apply) on criminal facts; Article 111(1) of the same Act (amended by Act No. 14016, Feb. 3, 201; hereinafter the same shall apply); Article 111 Subparag. 1 of the former Building Act and Article 14(1) of the same Act on the selection of punishment

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

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

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows: (a) the defendant recognizes all the criminal facts of this case and reflects his mistake; (b) permission for the stable of this case is deemed to have been obtained after the death of the stable of this case; (c) the warehouse is deemed to have been endeavored to report ex post facto; and (d) the primary offender who has no record of criminal punishment is recognized as favorable to the defendant.

However, the crime of this case where the defendant extended his building without permission or reporting is not less than the nature of the crime in light of the contents and methods of the crime, and the balance of general punishment in the same and similar cases of the same kind, and other circumstances, such as the defendant's age, sex, conduct, intelligence and environment, motive, means and consequence of the crime of this case, circumstances after the crime, criminal records, family relations, economic circumstances, etc., shall be determined as ordered by the order.

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