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(영문) 인천지방법원 2018.04.12 2018고단1085
건축법위반
Text

A defendant shall be punished by imprisonment for four 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 C with the fourth floor above the ground, which is 659.74m2 in Seo-gu Incheon Metropolitan City.

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

Nevertheless, the Defendant, without obtaining permission from the head of the competent Gu from June 2017 to July 2017, obtained approval for the use of the said multi-family house as the 5th, 3rd, 5, and 4th, and the 5th floor of the said multi-family house, installed a boundary wall by piling up bricks in the middle of the household, and up to 2, 3, and 4, up to 15 units each of the 15 units of the said multi-family house.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 108 (1) and Article 11 (1) of the Building Act, the selection of punishment for a crime, and the selection of imprisonment with prison labor;

1. Although the substantial repair area of the reasons for sentencing under Article 62(1) of the Criminal Act is not significant, it has not yet been restored to its original state, it is so decided as per Disposition by taking into account all factors of sentencing as shown in the arguments of this case, such as the Defendant’s primary offender, the Defendant’s mistake, and the Defendant’s age, sex, environment, motive, means, consequence, and circumstance after the commission of the crime.

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