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(영문) 인천지방법원 부천지원 2019.08.30 2019고단1829
건축법위반
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Any person who intends to construct or repair a building shall obtain permission from the competent authorities.

Nevertheless, on October 2016, the Defendant divided two households in the second floor of the above building into six households, six households into six, and one household in the third floor into five households by dividing one household in the fourth floor into five households, and one household in the fourth floor into five. 658.97 square meters in total.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of the accusation, voluntary statement, statement of fact-finding survey of violated buildings, and field photograph statutes;

1. Article 108 (1) and Article 11 (1) of the Building Act and Articles 108 (1) and 11 (1) of the Act on the Election of Criminal Offenders;

1. The reason for sentencing under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing following the suspended sentence) is that the defendant again committed the instant crime despite the same criminal records, and that the restoration to the original state has not been made until now, etc. are the reasons for sentencing that are not favorable to the defendant

However, the punishment shall be determined as ordered by comprehensively taking into account the following factors: (a) the defendant reflects the defendant's mistake; (b) the motive and circumstances leading up to the crime of this case; (c) the details and degree of the violation; (d) the circumstances after the crime; and (e) the age, character and conduct, family relationship

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