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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is the owner of a multi-family house with the fourth floor size of the size of 637.92 square meters located in the Si of Masung.
1. A person who intends to construct or repair a building in violation of the Building Act shall obtain permission from the head of a Si/Gun/Gu;
Nevertheless, on January 2017, the Defendant, without obtaining permission from the competent authorities, planned the number of households with a bearing wall and a separate entrance to the second floor, the second floor, the second floor, the second floor, the second floor, the second floor, the second floor, the second floor, the fourth floor, the fourth floor, the fourth floor, the fourth floor, and the third floor.
2. A person who intends to construct or install a building in an urban area pursuant to the National Land Planning and Utilization Act in violation of the Parking Lot Act shall install a parking lot inside such facility or in the site thereof;
Nevertheless, even though the Defendant, at the same time and place as Paragraph 1, up to the number of the above buildings, it did not establish six parking lots attached to the building.
Summary of Evidence
1. Statement by the defendant in court;
1. Illegal large-scale repair of the D multi-family house, and confirmation of the unauthorized extension thereof, written notice, and photographs on the site of the violated building;
1. Report on internal investigation (in relation to the violation of parking law, internal investigation) and the calculation of parking cars with parking method;
1. Application of the guidelines for implementing the E district housing site development project;
1. Relevant legal provisions of the Building Act, Articles 108(1), 11(1) (unauthorized substantial repair) of the Building Act for criminal facts, Articles 29(1)1 and 19(1) of the Parking Lot Act, and Articles 108(1), 108(1), and 11(1) of the same Act for the selection of punishment, and the selection of imprisonment for each sentence;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Reasons for sentencing under Article 62(1) of the Criminal Act – The reasons for sentencing under Article 62(1) of the Suspension of Execution - Circumstances unfavorable to the defendant: Before and after two years or less; - The conditions for sentencing under Article 51 of the Criminal Act, including the scale of the crime, are recognized as erroneous and reflective circumstances favorable to the defendant;