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(영문) 인천지방법원 2018.05.02 2018고단1149
건축법위반
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

On March 2017, the Defendant received approval for use to enter two households from the fourth floor building located in Seo-gu Incheon, Seo-gu, Incheon, the Defendant was repaired by expanding, dismantling, repairing, or changing the boundary walls between households to enter a multi-family house with a total of 18 households without the permission of the competent authorities.

Accordingly, the defendant set up the number of buildings without obtaining permission from the head of the competent Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation and a written statement;

1. A land use plan, direction for voluntary maintenance of violated buildings, and a letter of business trip name;

1. Application of Acts and subordinate statutes to the current status of buildings;

1. Article 108 (1) and Article 11 (1) of the Building Act applicable to the relevant criminal facts, and Articles 108 (1) and 11 (1) of the Act on the Selection of Punishment, etc.;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The crime of this case for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant extended total of 6 households of 2,3, and 4 stories to 18 households without the permission of the competent authority, and the size of the crime of this case is not much significant, and the restoration to the original state has not yet been made up until now. Meanwhile, the defendant is the first offender, the defendant's age, sex, sex, environment, motive and circumstance of the crime of this case, means and method of the crime of this case, and the conditions of sentencing as shown in the trial process, such as the circumstances after the crime, shall be determined by taking into account the following factors.

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