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(영문) 인천지방법원 2019.03.15 2019고정209
건축법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is the owner of a building in Kimpo-si B and one parcel (C) retail store building.

No project owner may use or allow anyone to use a building unless he/she has obtained approval for use.

Nevertheless, upon completion of the above building on May 2018, the Defendant occupied and used the building without obtaining approval for use.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the statement made to D by the police;

1. The survey table and on-site photographs (No. 6, 7, 11, 12, No. 12, No. 6, 7, 12);

1. Application of statutes on E-sale contracts;

1. Article 110 of the Building Act applicable to the crimes and Articles 110 and 22 (3) of the Act on the Selection of Penalties;

1. Penalty fine of 500,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. The reason for sentencing under Article 59(1) of the Criminal Act (hereinafter, considering the reason for sentencing) shows the attitude of recognizing and opposing the instant crime.

The Defendant is a primary offender with no criminal power, and the instant crime does not seem to be a malicious violation of the law, and there are circumstances to consider the circumstances.

It seems not to repeat the crime, and it is necessary to consider equity in sentencing with the defendants in similar cases.

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