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(영문) 수원지방법원 2018.08.09 2018고단2231
건축법위반
Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

When the Defendant performs a large-scale repair of a multi-family house (one story 2 households, two stories, two households, three stories) with a site area of 263.1 square meters, 389.73 square meters in a total area, and 153.27 square meters in a building area within a city area, the Defendant shall obtain permission from the head of the Si/Gun/Gu, if he/she performs a large-scale repair of a building.

Nevertheless, the Defendant, without obtaining permission for substantial repair from around July 2017 to November 2017, by means of expanding or dismantling the boundary walls between households in the above multi-family house, made two households in the first floor to 4 households, two households in the second floor to 4 households, and three households in the third floor to 2 households.

Summary of Evidence

1. Statement by the defendant in court;

1. Written accusation of the chemical market;

1. C’s statement;

1. Application of Acts and subordinate statutes to the current status of violation of the Building Act, guidelines for implementation of district unit planning, building drawings, and applications for approval

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. Crimes that have made a sacrifice of public welfare, such as building safety, in order to pursue private interests unfavorable to the defendant for reasons of sentencing under Article 334(1) of the Criminal Procedure Act, and thus, the nature of such crimes is not weak. There is no restoration from the original state. The circumstances favorable to the defendant are recognized as erroneous and reflective. The primary crime without the history of punishment, and other matters constituting sentencing conditions prescribed in Article 51 of the Criminal Act, such as the size of the crime, are comprehensive.

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