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(영문) 대전지방법원 2015.08.13 2015노71
건축법위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months and a fine for 6,00,000 won.

The above fine shall be imposed on the defendant.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of 12 million won) of the original judgment is deemed to be too uneasible and unfair.

2. It is reasonable to take into account the following circumstances: (a) the Defendant’s mistake is against himself/herself; (b) there is no history of criminal punishment other than twice a fine; (c) the Defendant’s health appears to be inappropriate; and (d) the expansion of the number of households through the so-called “inter-family house” in a large number of multi-family houses in the vicinity of the instant case; (b) although the permitting agency could easily detect it, it is difficult for the Defendant to easily accept illegal construction practices because it did not control or take administrative measures.

However, the crime of this case is likely to cause social problems, such as the defendant's multi-family house of 9 households without permission, the multi-family house of 21 households is repaired as multi-family house without permission, and the parking lot is not installed accordingly. Thus, in the case of a building illegally repaired without permission, there is a risk of collapse in the building itself, not only fire-fighting facilities, emergency equipment, etc., but also fire can be vulnerable to fire by using high combustible materials, the crime of violation of the Parking Lot Act causes serious shortage of parking lots in urban areas, and inconvenience to pedestrians, and it is difficult to view that the defendant committed each crime of this case, since the defendant was unable to have been aware of the laws and regulations related to the construction, it is difficult to view that the defendant committed each of the crimes of this case. The defendant constructed multi-household houses for the purpose of gaining additional profits by increasing the number of households from the beginning through substantial repair (Evidence evidence records, No. 65-67, Nov. 6, 2007).

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