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(영문) 인천지방법원 부천지원 2018.12.13 2018고정739
건축법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is the owner of a building in Kimpo-si C.

A building owner cannot use or use the building unless he/she obtained approval for use. However, the Defendant occupied and used the building without obtaining approval for use on July 2, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E statements;

1. Investigation report (to hear statements from witnesses F);

1. A survey report on actual status of buildings in violation;

1. On-site photographs;

1. Application of statutes on a copy of G sale contract;

1. Relevant Article 110 subparagraph 2 of the Building Act, Articles 110 and 22 (3) of the Building Act, the selection of fines for criminal facts;

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

1. The grounds for sentencing under Article 59(1) of the Criminal Act (200,000 won, KRW 500,000 per day of detention in the workhouse, KRW 100,000) of the suspended sentence are recognized and reflected by the defendant, the fact that there is no same record, the fact that it does not seem to be a malicious violation of the law, the possibility of re-offending is not high, and the sentencing conditions with the defendants in the similar case are determined as indicated in the disposition.

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