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(영문) 인천지방법원 2013.10.10 2013고단5311
건축법위반
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

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

Nevertheless, the defendant, as owner of a building located in Seo-gu, Incheon Metropolitan City, Seo-gu, Incheon, without obtaining permission from the head of the competent office on May 2013, 201, extended 3 households of 128.72 square meters of the second floor of the above building to 6 households, 4 households of 128.72 square meters of the third floor, 5 households, 4 households of 128.72 square meters of the fourth floor to 5 households, respectively.

Accordingly, the defendant, without obtaining permission under the Building Act, has extended the total of four households by repairing and changing the boundary wall between household units in the above multi-family house without permission.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Current building status map;

1. Application of each statute on photographs;

1. Relevant Articles 108 (1) and 11 (1) of the Building Act (the selection of a fine: The primary crime by the defendant; the changes in the structure by which the number of households is increased; the defendant reflects depth; the mere violation of administrative laws and regulations to convert the defendant, who is the primary crime, into a criminal record with a heavier punishment than a suspended execution, is not desirable in criminal policy; the defendant's age, family relationship, details of crimes, and all other extenuating circumstances);

1. Detention at a workhouse: Articles 70 and 69 (2) of the Criminal Act;

1. A provisional payment order: Article 334 (1) of the Criminal Procedure Act;

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