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(영문) 수원지방법원 2014.07.02 2014고단2658
건축법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the owner of a building located in B when he is a city area, which is an urban area.

1. Where any person changes the purpose of use of a building from a neighborhood living facility group to a residential business facility group, he/she shall report the change to the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu;

Nevertheless, on July 2013, the Defendant changed the purpose of use into a residential business facility, a military personnel, a detached house (multi-family house) of the above building, which was approved for use as a Class II neighborhood living facility (general restaurant), without reporting to the competent authority.

Accordingly, the defendant changed the use of the building without permission.

2. A person who occupies a building without permission shall obtain permission from the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu to repair the building

Nevertheless, on July 2013, the Defendant increased the number of households with 5 households, such as 3 households of 2nd floor and 3rd floor, by creating party walls on the above building with the permission of the competent police authority, such as 2nd and 3rd floor household units, without the permission of the competent police authority.

Accordingly, the defendant made a large-scale repair of a building without permission.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the location and photographs of acts, and building ledgers;

1. Article 108(1) and Article 19(2)2 of the former Building Act (amended by Act No. 11794, May 22, 2013; hereinafter the same shall apply), Articles 108(1) and 11(1) of the former Building Act (amended by Act No. 11794, May 22, 201; hereinafter the same shall apply), Articles 108(1) and 11(1) of the former Building Act,

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (it has not been restored, but it shall be taken into consideration reflective power, etc. of the defendant);

1. Social service order under Article 62-2 of the Criminal Act;

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