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(영문) 수원지방법원 2017.10.19 2017고정1797
건축법위반등
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is the owner of multi-household housing with a total floor area of 581.42m2m2 in Masung-si.

1. A person who intends to construct or repair a building in violation of the Building Act shall obtain permission from the head of the competent Si/Gun/Gu;

Nevertheless, on March 2014, the Defendant made a large-scale repair from 2 to 3 households in the second floor, from 3 to 3 households in the third floor, and from 4th to 2 households in the fourth floor by means of installing entrances and bearing walls on the above multi-households.

2. A person who intends to construct or install multi-household housing in an urban area violating the Parking Lot Act shall install a parking lot inside such facilities or in the site thereof.

Nevertheless, the defendant did not install three parking lots attached to the above paragraph 1, even though he extended to 3 households by installing a separate entrance and bearing wall on the second, third, and fourth floors of multi-family housing at the same time and at the above paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. The register of general buildings, ground plans, and list of persons having access before resident registration;

1. Notification of the result of confirmation of the illegal multi-family house, and field photographs;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Articles 108(1) and 11(1) (unauthorized large-scale repair) of the former Building Act (Amended by Act No. 14016, Feb. 3, 2016); Articles 29(1)1 and 19(1) (unauthorized installation of an attached parking lot) of the Parking Lot Act for criminal facts;

1. Selection of punishment: Selection of a fine;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

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

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