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(영문) 의정부지방법원 2017.08.31 2017고정962
건축법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000 (private million).

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

The Defendant is a person who actually manages the public announcement source building of “E” (Class II neighborhood living facilities) at the time of the Speaker’s Government under the name of “C” (Class II neighborhood living facilities) and the public announcement source building of “H” located in G at the time of the Government in the name of “C” (Class II neighborhood living facilities).

Any person who intends to alter the use of a building shall obtain permission from, or report to, the competent authorities.

The Defendant, without reporting to the competent authority in around 2014, installed the “electric cook tower” in the 1st century in the 8 rooms of the above E without reporting to the competent authority, and installed the cooking facility in the form of landfill, and installed the cooking facility in the same way in the 7 rooms of the heading room located in H around the same time.

As a result, the defendant changed the purpose of multiple living facilities, which are Class 2 neighborhood living facilities, to a house without permission.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. Current status of each building subject to accusation;

1. A certificate of all matters to be registered, building register, and current status map of buildings;

1. Photographs of cooking facilities;

1. Application of statutes attached to family relation certificates;

1. Article 108(1) and Article 19(2)2 of the former Building Act (amended by Act No. 13785, Jan. 19, 2016) applicable to the relevant criminal facts and the selection of punishment for each of the following:

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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