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(영문) 인천지방법원 2014.04.09 2013고단8390
건축법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. Any person who intends to construct or repair a building in violation of the Building Act shall obtain permission from the competent authorities;

Nevertheless, the Defendant did not obtain permission from the competent authority, and around August 2013, the number of households permitted to 2 and 3 stories of the above housing in the Seo-gu Incheon, Seo-gu, Incheon, Seo-gu, Incheon, which is the Defendant-owned, is 6 households, and the number of households permitted to 4 stories is 4 households. However, the above housing 2 stories (area 191.05 square meters) and 3 stories (area 191.05 square meters) are 8 households, each, and 4 stories (area 198.1 square meters) are 6 households, and the above housing 4 stories are extended to 91.52 square meters inside the above housing 4 stories.

2. In a case where the number of households is increased by eight households in the same manner as the date and place specified in paragraph (1), the Defendant violated the Parking Lot Act, notwithstanding the fact that an annexed parking lot for eight vehicles should be additionally established according to the number of households increased, the Defendant did not establish an annexed parking lot.

Summary of Evidence

1. Defendant's legal statement;

1. A certified copy of the register, a building ledger, and a building status map;

1. Application of statutes on site photographs;

1. Article 108 (1) and Article 11 (1) of the Building Act applicable to facts constituting an offense, and Articles 108 (1) and 11 (1) of the Act on the Selection of Punishment, etc., and Articles 29 (1) 1 and 19 (1) of the Parking Lot Act: Selection of each fine;

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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