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(영문) 서울서부지방법원 2016.11.16 2016고단2605
건축법위반등
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. A person who intends to construct or repair a building in an urban area that violates the Building Act shall obtain permission from the head of the competent Gu;

Nevertheless, the Defendant, without obtaining permission from the head of Incheon Seo-gu Office from May 2015 to June 2015, 2015, extended the total number of households from 6 households to 12 households by means of installing a party wall using a brick, etc. on the fourth floor area of 244.91 square meters above that of the Defendant in Seo-gu Incheon, which is owned by the Defendant in Seo-gu, Incheon (34 square meters per household exclusive use area of 1 household), from 244.91 square meters above that of Incheon.

Accordingly, the defendant made a large-scale repair without permission from the head of the competent Gu.

2. Any person who violates the Parking Lot Act shall install at least one annexed parking lot per household in a person who owns a multi-family house with the exclusive area of 85 square meters or less per household in Incheon Metropolitan City.

Nevertheless, the Defendant did not establish an annexed parking lot so that the number of parking spaces per household is more than one unit by maintaining the number of parking spaces of the annexed parking lot as 6 to 6, even though the total number of households by performing large-scale repair activities like the preceding paragraph was increased from 6 to 12 households.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation reports (Submission of materials by public officials in charge of the branch offices of the Incheon-gu Office Office);

1. Application of Acts and subordinate statutes to accusation books, field photographs, certificates of all matters to be registered, site status, and ordinary building ledgers;

1. Relevant legal provisions concerning criminal facts, Articles 108 (1) and 11 (1) of the Building Act (unauthorized substantial repair), Articles 29 (1) 1, and 19 (1) and (3) of the Parking Lot Act (a point where the installation of a parking lot is not in place), and the selection of each fine for a crime (such consideration as initial offenders, serious reflective nature, motive for crime, etc.);

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

1. Articles 70 (1) 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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