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(영문) 수원지방법원 2017.02.02 2016고정3068
건축법위반
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

The defendant is the owner of multi-family house with the size of 160.48m2, total floor area of 482.81m2, and the size of multi-family house with the size of 4 floors above the ground in the city area,

A person who intends to construct or repair a building shall obtain permission from the Special Self-Governing City Mayor, a branch office or the head of a Si/Gun/Gu.

Nevertheless, the defendant did not obtain permission, and around June 2015, the second and third floors of the above building were 2 to 4 households, and the fourth floor was 1 to 2 households, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Status of violation of the Building Act;

1. Location and photograph of the act;

1. (Temporary Application) An application for approval of use;

1. Application of the Acts and subordinate statutes governing approval for use;

1. Article 108 (1) and Article 11 (1) of the Building Act applicable to the relevant criminal facts, and Articles 108 (1) and 11 (1) of the Act on the Selection of Punishment, etc.;

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 against the recognition of the instant crime, the fact that the Defendant was the primary offender, the fact that the Defendant appears to have been reinstated after regulation, the scale of large-scale repair, etc., by reducing part of the amount of the fine determined by the summary order, and determining the same as the order.

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